Part 2

[Application, Special Cases]

The exemptions set out in this Part would be exemptions from the regulatory requirements of these CEPA Regulations. TDGR controls would still apply where the subject material is also a "dangerous good". In the case where waste or recyclable material is hazardous by virtue of these Regulations only and is exempted this Part, then neither this Regulation nor TDGR would apply.

2.1(1) Unless otherwise specified in this part, these Regulations apply to the movement within Canada of hazardous waste and hazardous recyclable material.

(2) Despite subsection (1), these regulations do not apply to the movement of hazardous waste and hazardous recyclable material that remains solely within a province or that is part of an international movement.

(3) Despite subsection (1), these Regulations do not apply a single movement within Canada of hazardous wastes or hazardous recyclable material other than those that are infectious in accordance with Part III, when they are :

1. solids in quantities less than 5kg per movement [from one generator];
2. liquids in quantities less than 5L per movement [from one generator];
3. 500g or less of a PCB mixture, a PCB article or electrical equipment containing a PCB mixture; or
4. solid or liquid mixtures with a concentration of less than 50ppm by mass of polyhalogenated biphenyls or polyhalogenated terphenyls.

2.2(1) In these Regulations

1. Explosive materials included in Class 1 - Explosives of the Transportation of Dangerous Goods Regulations are not considered hazardous waste or hazardous recyclable material; or
2. Radioactive materials included in Class 7-Radioactive materials of the Transportation of Dangerous Goods Regulations are not considered hazardous waste or hazardous recyclable material.

(2) In these Regulations any products or substances that are defective or otherwise not useable for the original purpose or that are in surplus quantities but still useable for the original purpose are not considered hazardous waste or hazardous recyclable material when the products or substances are returned directly to a manufacturer or supplier of the material.

(3) These regulations do not apply to hazardous recyclable materials which are transported directly to a site to be wholly introduced and/or wholly utilized (requires further clarification of intent) into an on-going agricultural, commercial, manufacturing or industrial process, or operations used for functions other than waste management under the following conditions:

1. the process does not involve uncontrolled burning, incineration and/or energy recovery or land application; and
2. the products or emissions from that process do not contain any hazardous constituents at levels higher than would result from the use of comparable raw materials, or that exceed the limits in the operating license or authorization, and would not introduce new hazardous emissions outside of the authorization; or
3. the process is otherwise exempted by federal, provincial, or territorial authorities.

(4) These regulations do not apply to chrome (blue) trimmings, shavings, and buffing dust generated by the leather tanning and finishing industry in an industrial process which uses trivalent chromium exclusively (or nearly exclusively) and does not generate hexavalent chromium, when;

1. they are destined for and managed in non-oxidizing environments as found in landfills or D5 operations; and
2. the wastes do not exhibit any other hazard characteristic, other than leachate toxicity for chromium.

2.3 The following substances are not considered hazardous waste or hazardous recyclable material for the purposes of these Regulations

1. household garbage, sewage, seepage or sludge material that is household in origin and that is generated by individual single family residences and does not include any material that is household in origin following collection;
2. asbestos that is
   1. immersed or fixed in a natural or artificial binder material, or
   2. included [fixed?] in a manufactured product;
3. charcoal or carbons that are
   1. non-activated carbon blacks of mineral origin,
   2. carbons made by a steam activation process, or
   3. activated or non-activated carbons that pass the self-heating test for carbon set out in section 33.3.1.3.3 of the Manual of Tests and Criteria, 2nd revised edition, 1995 published by the United Nations; or
4. zinc ashes moved by road, rail or ship that are accompanied by a certificate signed by the generator stating that they will not evolve flammable gases when wet nor satisfy any other hazard classification in Part III of these Regulations.

Special Cases

2.4 (1) For the purposes of these Regulations, when transporting by rail of any waste PCB containing electrical equipment if the equipment is designed to perform a function other than solely to contain the PCB mixture, the generator shall ensure that the equipment;

1. is in a leak-free condition;
2. contains not more than 500 L of liquid PCB mixture;
3. is transported in its normal operating position; and
4. in the case of electrical equipment that has been drained, the equipment contains the remaining PCB mixture in the base cavity below the drain opening.

2.4 (2) For the purposes of these Regulations, when transporting by road of any waste PCB containing electrical equipment if the equipment is designed to perform a function other than solely to contain the PCB mixture, the generator shall ensure that the equipment;

1. is in a leakfree condition;
2. contains not more than 500 L of liquid PCB mixture;
3. is inspected during transport at intervals not exceeding two hours or 200 km whichever is more frequent;
4. is transported in its normal operating position; and
5. in the case of equipment that has been drained, the equipment contains the remaining PCB mixture in the base cavity below the drain opening.