Comments and Reply: Definitions

• Testing and Leachability
• Small Quantity and Testing Exemptions
• Exemptions for Household Waste and Returned Products
• Derived-From Rule
• Criteria for Corrosivity
• Authorization for Facilities and Carriers

A number of stakeholders commented on the definitions found in the proposed Regulations and asked for further clarification on some points.

Response: The definition of both hazardous waste and hazardous recyclable material will prohibit the export of wastes and materials from Canada into a country that has declared these wastes and materials hazardous under the Basel Convention and prohibits their import. These wastes will be considered hazardous for the purpose of the proposed Regulations and will, therefore, not be granted an export permit to that country.

Response: Provisions have been made to include both of these criteria directly in the proposed Regulations. The proposed Regulations clarify that the waste or recyclable material need not be shredded in order to determine leachability using the TCLP. The TCLP is used as a measure of the availability and mobility of hazardous constituents, as recyclable materials may come into contact with the environment under such circumstances as improper stockpiling.

The hazardous characteristics set out in the proposed Regulations will apply to both hazardous wastes and hazardous recyclable materials.

A number of industry and association stakeholders commented that the proposed Regulations should provide exemptions for the hazardous waste disposal industry for the purpose of testing. Both industry and association stakeholders commented that

Response: The proposed regulatory exemption for the purpose of testing hazardous recyclable materials is in accordance with the modified control regime of the OECD Decision for wastes destined for recycling. This exclusion applies to hazardous recyclable material shipped within the OECD that -does not exceed 25 kg/L, and is to be used for the purpose of testing or analysis. Since the Basel Convention does not allow for a similar exclusion, the proposed Regulations do not include such a provision for wastes destined for disposal.

The small-quantity exemption of 5 kg/L is consistent with the exemptions set out under the TDGR.

A number of industry and association stakeholders commented that the proposed Regulations include exemptions for household hazardous waste and returned products.

Response: The intent of the minimum quantity is to exempt wastes that are household in origin, and to control depots and transfer stations. Specific exemptions for household hazardous wastes and hazardous recyclable material have been incorporated into the proposed Regulations.

"Return to manufacturer" refers to the return of products to manufacturers or the return of containers with residues for refill. The proposed Regulations will not control the export or import of products. The proposed Regulations will, however, apply when residuals are exported or imported for disposal or recycling. Environment Canada will consider further clarification through compliance-promotion material.

A provincial stakeholder commented that a derived-from rule should be included in the definition of hazardous waste and hazardous recyclable material.

Response: A derived-from rule implies that a material that was once a hazardous waste or hazardous recyclable material will retain that classification even after treatment, unless it is delisted. Environment Canada has not adopted this approach. The proposed Regulations will apply to waste and recyclable material that fall within the scope of the definition. Following an export or import of hazardous waste or hazardous recyclable material and its subsequent disposal or recycling, residues must be managed in accordance with the legislation of the jurisdiction.

Response: In August 2002, Transport Canada amended the TDGR. Part of this effort was to update the hazard classifications to align them with the 11th edition of the UN Recommendations. This included adopting OECD Guideline No. 404 for corrosion. As a result of this amendment, the revised hazard classifications were incorporated into the EIHWR, since this Regulation uses Class 8 criteria for corrosives.

Environment Canada proposes to continue using these criteria in the proposed Regulations in order to harmonize them with Canadian regulations and international guidance.

In the TDGR, substances are included in Class 8, Corrosives in the following three ways:

• material that is known to cause the full-thickness destruction of human skin;
• material that causes the full-thickness destruction of human skin, as determined in accordance with the OECD Guidelines; or
• material that exhibits corrosion, as per the ASTM Corrosion Test

Consequently, any material that would not be considered Class 8 under the TDGR would not be controlled under the current EIHWR or the proposed Regulations.

Response: The definition of authorities has been clarified to define the authorities of the applicable country.

Authorization must be made in a form that is applicable and acceptable to the responsible jurisdiction, either through regulation, legislation, or permit. The regulatee must submit a notification to Environment Canada containing the registration number of either the province/territory of import or the country of export/import. The notice will then be forwarded to the province/territory of import for approval. Some provinces/territories may exempt certain facilities if their wastes or recyclables are not regulated by the jurisdiction in which the facilities are located. In such cases, the facilities are considered authorized.

Environment Canada does not issue registration numbers for hazardous waste or hazardous recyclable material.