SOR/92-26819925

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20196

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CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999Pulp and Paper Mill Defoamer and Wood Chip RegulationsRegulations Respecting the Manufacture, Import, Offering for Sale, Sale and Use of Defoamers Containing Dibenzofuran or Dibenzo-Para-Dioxin at Pulp and Paper Mills Using Chlorine Bleaching Processes and of Wood Chips Containing Polychlorinated Phenols at All Pulp and Paper MillsP.C.1992-96019925

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Whereas, pursuant to subsection 48(1) of the Canadian Environmental Protection Act*, the Minister of the Environment published in the Canada Gazette Part I on December 14, 1991, a copy of the proposed Regulations respecting the manufacture, import, offering for sale, sale and use of defoamers containing dibenzofuran or dibenzo-para-dioxin at pulp and paper mills using chlorine bleaching processes and of wood chips containing polychlorinated phenols at all pulp and paper mills, and amending the List of Toxic Substances in Schedule I to the Canadian Environmental Protection Act*, substantially in the form annexed hereto;And Whereas, in the opinion of the Governor in Council, pursuant to subsection 34(3) of the Canadian Environmental Protection Act*, the annexed Regulations do not regulate an aspect of any substance that is regulated by or under any other Act of Parliament;Therefore, His Excellency the Governor General in Council, pursuant to section 34** of the Canadian Environmental Protection Act*, on the recommendation of the Minister of the Environment and the Minister of National Health and Welfare and after the federal-provincial advisory committee has been given an opportunity to provide its advice under section 6 of the Act*, is pleased hereby to make the annexed Regulations respecting the manufacture, import, offering for sale, sale and use of defoamers containing dibenzofuran or dibenzo-para-dioxin at pulp and paper mills using chlorine bleaching processes and of wood chips containing polychlorinated phenols at all pulp and paper mills, and amending the List of Toxic Substances in Schedule I to the Canadian Environmental Protection Act*.*R.S., c. 16 (4th Supp.)**S.C. 1989, c. 9, s. 2Short Title

1These Regulations may be cited as the Pulp and Paper Mill Defoamer and Wood Chip Regulations.

Interpretation

2In these Regulations,Act means the Canadian Environmental Protection Act, 1999; (Loi)chlorine bleaching process means a process using chlorine, chlorine dioxide or chlorine bleach to bleach pulp in a mill; (procédé de blanchiment au chlore)defoamer means any product that contains dibenzofuran or dibenzo-para-dioxin and that is added to the water-pulp mixture during the manufacture of pulp in a mill to prevent the production of foam or reduce the amount of foam that would otherwise be produced; (additif antimousse)dibenzofuran means the dibenzofuran described in item 15 of the List of Toxic Substances in Schedule 1 to the Act; (dibenzofuranne)dibenzo-para-dioxin means the dibenzo-para-dioxin described in item 14 of the List of Toxic Substances in Schedule 1 to the Act; (dibenzo-para-dioxine)mill means a plant that produces pulp, paper, paperboard, hardboard, insulating or building board; (fabrique)operator means the person in charge of the operation of a mill; (exploitant)ppb means parts per billion, being parts per 10⁹ parts by weight; (ppb)polychlorinated phenols means phenol and salts of phenol in which at least two phenyl hydrogen atoms are replaced by chlorine atoms; (phénols polychlorés)wood chips includes sawdust, shavings and other wood residues used to manufacture pulp in a mill. (copeaux de bois)SOR/2000-102, s. 12

Owner of a Mill

3The owner of a mill shall ensure that the operator operates the mill in accordance with these Regulations and any person working at the mill complies with these Regulations.

Prohibition

4(1)No person shall use a defoamer at a mill that uses a chlorine bleaching process, unless(a)an analysis of a sample of each batch of the defoamer indicates that the defoamer contains(i)40 ppb or less by weight of dibenzofuran, and(ii)10 ppb or less by weight of dibenzo-para-dioxin; or(b)a certificate provided by the manufacturer of the defoamer indicates in respect of a batch of that defoamer that the batch contains(i)40 ppb or less by weight of dibenzofuran, and(ii)10 ppb or less by weight of dibenzo-para-dioxin.(2)No person shall manufacture, import, offer for sale or sell, for use in a mill in Canada that uses a chlorine bleaching process, a defoamer in which the concentration of(a)dibenzofuran exceeds 40 ppb; or(b)dibenzo-para-dioxin exceeds 10 ppb.(3)No person shall import, offer for sale or sell for use in a mill in Canada, or use in a mill in Canada, wood chips that have been made from wood that has been treated with polychlorinated phenols.

Analyses

5For the purposes of these Regulations, concentrations of dibenzofuran and dibenzo-para-dioxin shall be measured in accordance with the Reference Method for the Determination of Dibenzofuran and Dibenzo-p-dioxin in Defoamers, published by the Department of the Environment, Report 1/RM/20, 1991, as amended from time to time.SOR/2000-102, s. 13

Information

6(1)Subject to subsection (3), every person in Canada who manufactures, imports, offers for sale or sells defoamers for use in a mill in Canada that uses a chlorine bleaching process shall submit to the Minister, for each quarter of a given year, not later than 60 days after the last day of the quarter, a report containing the following information:(a)the name and address of the manufacturer, importer or vendor;(b)the quantity of defoamer in a batch and the batch number of each batch of defoamer manufactured, imported or sold during that quarter;(c)the concentrations of dibenzofuran and dibenzo-para-dioxin in each batch of defoamer manufactured, imported, offered for sale or sold in that quarter; and(d)the name, title, telephone number and signature of the person who provides the information on behalf of the manufacturer, importer or vendor.(2)Subject to subsection (3), every operator that uses a chlorine bleaching process in which defoamers are used shall submit to the Minister, for each quarter of a given year, not later than 60 days after the last day of the quarter, a report containing the following information:(a)the name and address of the mill;(b)the quantity of defoamer in, and the batch number of, each batch of that defoamer, and the name of the manufacturer, importer or vendor from which each batch of defoamer was received during the quarter;(c)a copy of the analysis referred to in paragraph 4(1)(a) or of the certificate referred to in paragraph 4(1)(b); and(d)the name, title, telephone number and signature of the person who provides the information on behalf of the mill.(3)Notwithstanding paragraphs (1)(c) and (2)(c), where the concentrations of dibenzofuran and dibenzo-para-dioxin set out in reports in respect of four consecutive quarters that are submitted by a person pursuant to this section have not exceeded the concentrations set out in subsection 4(1), the person may, for the next quarter, submit to the Minister the following information in respect of the concentrations of dibenzofuran and dibenzo-para-dioxin:(a)where the person is a manufacturer, importer or vendor of defoamers, the concentrations of dibenzofuran and dibenzo-para-dioxin in each type of defoamer manufactured, imported or sold during the quarter; and(b)where the person is an operator that uses a chlorine bleaching process in which defoamers are used, a copy of an analysis of a sample of each type of defoamer used or a copy of a certificate provided by the manufacturer of each defoamer that indicates that the type of defoamer contains(i)40 ppb or less by weight of dibenzofuran, and(ii)10 ppb or less by weight of dibenzo-para-dioxin.

Maintenance of Records

7Every operator that uses a chlorine bleaching process and that receives a defoamer for use in the mill shall record the information set out in Schedule I and keep the record for a period of five years.SOR/94-364, s. 2(E)

8Every person who manufactures, imports, offers for sale or sells a defoamer for use in a mill in Canada that uses a chlorine bleaching process shall record the information set out in Schedule II and keep the record for a period of five years.

9Every operator shall keep dated records in respect of each delivery to the mill of wood chips that originated from a wood processing facility where polychlorinated phenols are used to treat wood, showing the quantity of wood chips delivered, the date of delivery and the name of the wood processing facility from which the wood chips originated, and shall keep those records for a period of five years.

10[Repealed, SOR/2000-102, s. 14]

SCHEDULE I(Section 7)Information Respecting Defoamers Received by an Operator of a Mill That Uses a Chlorine Bleaching Process1The quantity, and the name of the manufacturer, importer or vendor, of each shipment of a defoamer received by the mill, and the date of delivery of the shipment.2A copy of the certificate referred to in paragraph 4(1)(b) in respect of each batch of the defoamer provided by the manufacturer, importer or vendor of the defoamer, or the concentrations of dibenzofuran and dibenzo-para-dioxin in each batch of the defoamer delivered to the mill.SCHEDULE II(Section 8)Information Respecting Defoamers That Are Manufactured, Imported, Offered for Sale or Sold for Use in a Mill in Canada That Uses a Chlorine Bleaching Process1The quantity of each defoamer manufactured, imported, offered for sale or sold and the date of the manufacture, import, offer or sale.2The name and address of each mill in respect of which the defoamer is manufactured, imported, offered for sale or sold, and the quantity of each batch of defoamer received at the mill.3The concentrations of dibenzofuran and dibenzo-para-dioxin in each batch of defoamer received at each mill in respect of which the defoamer is manufactured, imported, offered for sale or sold.4The name of the laboratory conducting the concentration analyses, where the analyses were not conducted by the manufacturer, importer or vendor.