Comments and Reply: Schedule 3
A number of industry, association and provincial stakeholders provided comments with respect to the items set out in Schedule 3.
Provincial and industry stakeholders commented that the definition of biomedical waste should be further clarified.
Response: Environment Canada has further clarified the definition of biomedical waste. Provisions have been incorporated to restrict the definition to waste that is saturated with blood or bodily fluids. In addition, cytotoxic wastes have been clarified as a sub-class of the definition, consistent with the approach taken by some provinces and territories, including Ontario and British Columbia. The definition has also been clarified to control solid animal-wastes only if infected or suspected to be infected with Risk Groups 3 or 4 under the TDGR.
The definition of hazardous waste excludes waste generated by households.
The UN Pin Number set out in the TDGR must be included in the notification, as applicable.
Provincial and industry stakeholders commented on the proposed definition of used oil, and some stakeholders requested further clarification.
With respect to the definition of used lubricating oils industry and provincial stakeholders commented that:
Response: Used oils typically contain quantities of hazardous substances that can pose a risk to the environment and human health. Accordingly, these proposed Regulations set out controls for the export, import, and transit of used oils intended for disposal or recycling.
The threshold quantity at which used oil is controlled was established through public consultation and in collaboration with the provinces and territories. This threshold was set at a 500 L to ensure that transboundary movements of used oil resulting from farming operations or personal uses would not be subject to the proposed Regulations. A concentration has not been included, as this listing is designed to capture used oils rather than oily wastewater, which may be subject to the proposed Regulations if it exhibits a hazard.
The listing of used oil in the proposed Regulations does not preclude their export or import, provided the person intending to undertake the transboundary movement notifies and receives a permit from Environment Canada.
An industry and association stakeholder commented that ESM criteria should be used to ensure that used oils will be managed in an environmentally sound method prior to the issuance of an export or import permit.
Response: The proposed Regulations are consistent with both the Basel Convention and the OECD Decision, which specify R1 and R9 as acceptable recycling operations.
With respect to used oil filters, industry and provincial stakeholders commented that:
Response: Used oil-filters typically contain quantities of hazardous substances that can pose a risk to the environment and human health. The proposed listing is consistent with the results of public consultations, which included provinces and territories.
With respect to spent glycols, industry and provincial stakeholders commented that:
Response: Environment Canada agrees that glycols do not require controls for the purpose of the proposed EIHWR, since they do not typically exhibit a hazard. As such, this listing has been removed from the proposed Regulations.
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