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Mercury Releases from Mercury Switches in End-of-life Vehicles – Response to Stakeholders' Comments

Responses to Comments on the Proposed Notice Requiring the Preparation and Implementation of Pollution Prevention Plans in Respect of Mercury Releases from Mercury Switches in End-of-Life Vehicles Processed by Steel Mills under the Canadian Environmental Protection Act, 1999 (CEPA 1999)

Summary

The Proposed Notice Requiring the Preparation and Implementation of Pollution Prevention Plans in Respect of Mercury Releases from Mercury Switches in End-of-Life Vehicles Processed by Steel Mills (hereinafter referred to as the Proposed Notice), made pursuant to section 56 of Canadian Environmental Protection Act, 1999 (CEPA 1999), was published in the Canada Gazette, Part I on December 9, 2006. The comments were received from stakeholders on the Proposed Notice, and modifications, which reflect the consideration of these comments, have been made to the final Notice where appropriate.

Comments were received from stakeholders on a number of main themes, including:

  • Definitions (requesting modifications)
  • Persons or class of persons subject to the Notice (requesting expansion or revision)
  • Scope of the Proposed Notice (title, timelines, targets, fate of mercury collected)
  • Impacts on existing initiatives to manage mercury switches
  • The choice/concept of the pollution prevention planning approach as an effective instrument for this issue

All comments were reviewed and considered in the final Pollution Prevention Planning Notice, to bepublished in the Canada Gazette, Part I (final Notice).

The following summarizes the elements of the final Notice and indicates responsive modifications and revisions to the Proposed Notice.

Table 1: Modifications and Revisions to the Proposed Notice
Element of Pollution Prevention Planning NoticeStatus of Element, including modifications, in final Notice
TitleNo changes.
PreambleThe final Notice is announced by the Minister of the Environment (The Proposed Notice was issued on behalf of the Minister by the Director General, Pollution Prevention Directorate, Environment Canada).
Substances covered by the NoticeNo changes.
DefinitionsDefinition of "steel scrap" added. Clarification of the definition of "end-of-life vehicle."
Facilities required to prepare and implementTarget facilities subject to the Notice corrected (removal of facilities that do not meet the criteria in section 2(1)).
ActivitiesNo changes.
Table 2: Factors to Consider in Pollution Prevention Plans
Element of Pollution Prevention Planning NoticeStatus of Element, including modifications, in final Notice
Risk management objectiveNo changes.
Mercury is on the list of Toxic Substances of CEPA 1999No changes.
Participation in a mercury switch management programEditorial correction to 4(3)(c) to replace "the mercury switch management program" with "a mercury switch management program."
Removal of "and the public" from 4(3)(e) as this would likely not impact the success of the program.
Distribution of guidance by vehicle manufacturers to vehicle recyclersNo changes.
Development and implementation of a procurement policy by steel millsNo changes.
Priority to Pollution Prevention PlanningNo changes.
Evaluating effectivenessNo changes.
Table 3: Other Elements in Pollution Prevention Plans
Element of Pollution Prevention Planning NoticeStatus of Element, including modifications, in final Notice
Periods for plan preparation, content of plan, requirement to keep planEditorial changes.
Declaration of PreparationEditorial changes.
Declaration of ImplementationEditorial changes.
Filing of amended DeclarationsEditorial changes.
Interim Progress ReportsEditorial changes.
Use of a plan prepared or implemented for another purposeEditorial changes.
Extension of TimeEditorial changes.
Application for waivers of factors to considerEditorial changes.
More information on pollution prevention planningEditorial changes.
Reference Code: P2HGNo changes.
FormsEditorial changes.
Environment Canada contact informationEditorial changes.
Schedules 1, 2, 3, 4, 5Refined and updated forms for Declarations to agree with the modifications made in the final Notice.

In conclusion, Environment Canada carefully considered and was responsive to the sometimes conflicting comments provided by stakeholders in the development of the final Notice.

Summary