1.0 Introduction
Environment Canada (EC) is developing recommendations for updating the polychlorinated biphenyl (PCB) regulatory framework under the Canadian Environmental Protection Act, 1999 (Canadian Environmental Protection Act 1999). This process entails considering new developments based both on updated technologies and on Canada's national and international commitments to PCB management. More detail on the proposed framework can be found in the fact sheet published on EC's PCB Web site.
This consultation document contains a brief description of the objectives, structure, and content of the proposed revisions to the Federal Mobile PCB Treatment and Destruction Regulations (hereafter referred to as "the Regulations") in the context of the updated framework. It is intended to stimulate discussion and to give interested and affected parties and Aboriginal governments and organizations an opportunity to provide written input on the proposed revisions before their publication in Part I of the Canada Gazette.
It is recommended that readers review the document carefully--in particular, the regulatory revisions proposed in Section 3.0--and provide feedback in written form, as set out in Section 1.3. While reviewing the document, readers should take into consideration that the Regulations apply to facilities capable of destroying PCBs by thermal or chemical means (hereafter referred to as "PCB destruction facilities") when operated on federal lands or under contract with a federal institution. The application of the Regulations is not dependent upon the concentration of PCBs in the material; therefore, they can apply in situations where PCBs are present in any concentration (either below or above 50 mg/kg).
EC will be drafting proposed revisions to the Regulations. When in force, these revisions will serve as a mechanism for the application of the authorities granted to the federal Minister of the Environment under Canadian Environmental Protection Act 1999.
The proposed revisions outlined in this consultation document specify more stringent requirements for releases of gases, liquids, and solids from PCB destruction facilities operated on federal lands or under contract with a federal institution (see Section 3.4). They establish requirements for an environmental management system (EMS) (see Section 3.6.2) and require regulatees to submit periodic reports to the Minister on the progress of destruction operations (see Section 3.6.3). They also reduce allowable releases in order to protect the environment and human health to the maximum extent feasible using up-to-date technologies. These requirements will be harmonized with the Canada-wide Standards (CWS) for polychlorinated dibenzo-para-dioxins (PCDDs) and polychlorinated dibenzofurans (PCDFs), which are available on-line at http://www.ccme.ca/assets/pdf/d_and_f_standard_e.pdf.
EC is committed to ensuring that all initiatives aimed at developing regulatory instruments include a process of meaningful and effective consultation with all interested and affected parties and Aboriginal governments and organizations.
In keeping with this commitment, EC held a multi-stakeholder consultation in 2000 on revisions to the Regulations within the context of the proposed federal hazardous waste (HW) regulations, which were also being developed at that time.
This discussion document offers interested and affected parties and Aboriginal governments and organizations an opportunity to comment on the proposed revisions to the Regulations by providing written input by regular mail or e-mail to the addresses provided in Section 1.3.3. The next opportunity for interested and affected parties and Aboriginal governments and organizations to comment on the proposed revisions will be following their publication in Part I of the Canada Gazette.
The purpose of these consultations is to invite all interested and affected parties and Aboriginal governments and organizations to provide written comments on the proposed revisions, raise awareness of possible concerns, and contribute to the development of recommendations based on a common understanding of the environmental benefits to be achieved through these revisions.
One of the objectives of these consultations is to assess accurately the economic impact associated with the proposed revisions. There is a possibility that proposed changes to the Regulations may cause the regulated community and/or governments to incur direct adjustment costs. There may also be benefits, especially in the form of improved environmental quality leading to better quality of life to all Canadians. These economic costs and benefits will be evaluated in the preparation of the Regulatory Impact Analysis Statement.
These consultations are, therefore, intended to ensure that the proposed revisions are as effective and straightforward as possible and that protection of the environment and human health is not compromised. These consultations also provide an important source of information on the costs and benefits of the proposed revisions to Canadians and Canadian industries.
This consultation process is intended to give interested and affected parties and Aboriginal governments and organizations-an opportunity to review, discuss, and provide written comments on the proposed revisions. These consultations may address both the nature of the proposed revisions and any ancillary concerns relating to their implementation (e.g., administrative practices or policy interpretations).
In soliciting input from interested and affected parties and Aboriginal governments and organizations, EC has posted a copy of this consultation document on its CEPA Environmental Registry Web site. EC will review all written responses received prior to drafting and publishing the proposed revisions in Part I of the Canada Gazette and will take them into full account in drafting the legal text for the proposed revisions. EC welcomes the distribution of this document to any interested and affected parties and Aboriginal governments and organizations who may be interested. Please send your comments, in writing, to either of the following addresses:
Regular Mail
Director
Waste Management Division
Environment Canada
Place Montcalm
70, rue Crémazie, 6th floor
Gatineau QC K1A 0H3
TMB@ec.gc.ca
Please type "Consultation on Federal PCB Treatment and Destruction Regulations" in the subject line of your message.
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