SOR/2003-28320037

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20196

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CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999Solvent Degreasing RegulationsP.C.2003-114520037

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Whereas, pursuant to subsection 332(1) of the Canadian Environmental Protection Act, 1999a, the Minister of the Environment published in the Canada Gazette, Part I, on December 7, 2002, a copy of the proposed Solvent Degreasing Regulations, substantially in the form set out in the annexed Regulations, and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection;aS.C. 1999, c. 33And whereas, pursuant to subsection 93(3) of that Act, the National Advisory Committee has been given an opportunity to provide its advice under section 6 of that Act;And whereas, in the opinion of the Governor in Council, pursuant to subsection 93(4) of the Canadian Environmental Protection Act, 1999a, the proposed Regulations do not regulate an aspect of a substance that is regulated by or under any other Act of Parliament in a manner that provides, in the opinion of the Governor in Council, sufficient protection to the environment and human health;Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment and the Minister of Health, pursuant to subsection 93(1) of the Canadian Environmental Protection Act, 1999a, hereby makes the annexed Solvent Degreasing Regulations.Interpretation

1The following definitions apply in these Regulations.cold degreaser means equipment designed for using a solvent in its liquid form to remove soils from a substrate by spraying, brushing, flushing, agitating or immersing. (dégraisseur à froid)consumption unit, with respect to a solvent, means each kilogram of the solvent that may be used in a degreasing process in excess of the threshold set out in column 3 of Schedule 1 and that has been issued by the Minister under section 4. (unité de consommation)degreasing means a physical process that uses solvents to remove soils from a substrate by dissolving or dispersing the soils. (dégraissage)degreasing process means a process set out in column 2 of Schedule 1. (procédé de dégraissage)reclaimed, with respect to a solvent, means recovered, reprocessed and upgraded through processes such as filtering, drying, distillation and chemical treatment to restore the solvent to a state that renders it reusable in a degreasing process. (régénéré)recovered, with respect to a solvent, means collected after the solvent has been used, or collected from machinery, equipment or containers during servicing or before disposal of the machinery, equipment or container. (récupéré)recycled, with respect to a solvent, means recovered and cleaned by a process such as filtering or drying for its reuse in a degreasing process. (recyclé)residue means any solid, liquid or sludge waste that is generated by a degreasing process. (résidus)soils includes uncured coatings, adhesives, inks and contaminants such as dirt, oil and grease. (salissures)solvent means a substance set out in column 1 of Schedule 1. (solvant)vapour degreaser means equipment designed for using a solvent in its vapour form to remove soils from a substrate by condensation of the vapour on the substrate. (dégraisseur à la vapeur)waste management facility means a facility that is authorized under applicable laws to handle, recycle or dispose of solvents and residues. (installation de gestion des déchets)year means a calendar year. (année)

Application

2These Regulations do not apply in respect of(a)the dry cleaning of textile and apparel goods, rugs, furs, leathers and other similar articles, except in the course of their manufacture; and(b)the use of a continuous scouring machine in a textile mill.

Prohibition

3(1)No person shall, in a given year, use a solvent set out in column 1 of Schedule 1 in a degreasing process set out in column 2 in a quantity that exceeds the threshold set out in column 3 on or after the date set out in column 4 unless, for each kilogram of solvent that exceeds the threshold, the person has a consumption unit issued by the Minister under subsection 4(1) or transferred under section 6.(2)Subject to subsection (3), in a determination of the quantity of a solvent used in a degreaser, only the amount of solvent that is added to the equipment shall be considered used.(3)In a determination of the quantity of a solvent used in a degreasing process, the amount of the solvent that has been reclaimed or recycled on site and reused at that site by the person in the same degreasing process shall not be counted.

Issuance of Consumption Units

4(1)The Minister shall, on request, issue consumption units to a person for a given solvent and a specific degreasing process for the year beginning on the date set out in column 4 of Schedule 1 or for any subsequent year, if the following conditions are met:(a)the person has used the solvent in that process in the year immediately preceding that date;(b)the request was submitted to the Minister before October 1 of the year preceding that date;(c)the request is made on a form provided by the Minister and contains the information specified in Schedule 2 for each of the years relied on to establish the person’s average annual consumption under subsection (4);(d)at the time of submitting the request, the person had documentary evidence to support the information referred to in paragraph (c); and(e)the person has been informed in writing by the Minister of their average annual consumption.(2)The person’s consumption units for a year are equal to the person’s average annual consumption determined in accordance with subsection (4), multiplied by the percentage set out in column 4 of Schedule 3, less the threshold set out in column 3 of Schedule 1, less any consumption unit retired under section 5.(3)If the calculation in subsection (2) results in a number that(a)is zero or less than zero, no consumption units are issued to the person; or(b)is not a whole number, the units are rounded to the nearest whole number or, if the result is equidistant from two whole numbers, to the higher of them.(4)A person’s average annual consumption in respect of a solvent used in a specific degreasing process is established as follows:(a)if the person used the solvent in that process in the last year of the period set out column 5 of Schedule 1 but not in the preceding year, the average annual consumption is the quantity of the solvent used by the person during that year;(b)if the person used the solvent in that process in the last two years of the period set out in column 5 of Schedule 1 but not in the year prior to those two years, the annual consumption is the average quantity of the solvent used by the person during each of those two years;(c)if the person used the solvent in that process in the last three years of the period set out in column 5 of Schedule 1 but not in the year prior to those three years, the annual consumption is the average quantity of the solvent used by the person during each of those three years; and(d)if the person used the solvent in that process in earlier years of the period set out in column 5 of Schedule 1, in addition to the last three years of that period, the annual consumption is the average quantity of the solvent used by the person during each of three consecutive years that the person chooses from that period and identifies in the request.(5)Following a person’s request, the Minister shall inform the person in writing, of their average annual consumption.(6)The Minister shall inform the person in writing of the number of consumption units issued to that person before the beginning of the year for which the Minister issues the units.(7)Consumption units are valid only for the year for which they are issued.SOR/2011-301, s. 1(F)

Retirement of Consumption Units

5(1)If a person wishes to retire a consumption unit, the person shall submit to the Minister the information specified in Schedule 4 on a form provided by the Minister.(2)A consumption unit that is retired shall not be reissued.

Transfer of Consumption Units

6(1)A person may transfer unexpended consumption units to another person for use in the same year and in the same degreasing process for which the consumption units were issued.(2)A person shall not transfer consumption units until they have been informed in writing that the Minister allows the transfer under subsection (4).(3)The transferor and transferee shall jointly apply for the transfer of consumption units and shall submit to the Minister the information specified in Schedule 5 on a form provided by the Minister.(4)The Minister shall allow a transfer, and shall so inform the transferor and transferee in writing, if(a)the transferor has an unexpended consumption unit for each consumption unit of the proposed transfer; and(b)the transferee undertakes to use each transferred consumption unit in the same year and in the same degreasing process for which the transferor’s consumption unit was issued.(5)If the Minister discovers that the transferor did not have the unexpended consumption unit referred to in paragraph (4)(a) or that the transferee breached the undertaking referred to in paragraph (4)(b), the Minister shall cancel the transfer and transfer back to the transferor the consumption units unused by the transferee.

Reporting and Record Keeping — Consumption

7Every person who has a consumption unit shall(a)submit a report to the Minister containing the information specified in Schedule 6 on a form provided by the Minister, no later than 30 days after the end of the year to which the consumption unit applies; and(b)keep a copy of the report and any documents, including shipping records, supporting the information provided to the Minister or showing quantities of solvent purchased, returned or transferred, or sent to a waste management facility, at the location where the solvent is being used, for a period of five years after the end of the year in respect of which the report is made.

Reporting and Record Keeping — Sales of Solvent

8Every person who sells a solvent for use in degreasing shall(a)submit a report containing the information specified in Schedule 7 to the Minister on a form provided by the Minister, no later than 30 days after the end of the year in which the sale occurs; and(b)keep a copy of the report and any documents, including shipping records, supporting the information provided to the Minister or showing quantities of solvent purchased, returned or transferred, or sent to a waste management facility, at the seller’s principal place of business in Canada, for a period of five years after the year of the sale.SOR/2011-301, s. 2(E); SOR/2018-11, s. 17(F)

Signature of Documents

9Any application, notice or report submitted to the Minister under these Regulations shall(a)in the case of a corporation, be signed and dated by a person authorized to do so; and(b)in any other case, be signed and dated by the person submitting the document, or by a person authorized to act on behalf of that person.

Refusal or Cancellation

10(1)The Minister may refuse to issue a consumption unit or may cancel a consumption unit if the person requesting it or the user, as the case may be, has submitted any false or misleading information.(2)The Minister shall not refuse to issue, or shall not cancel, a consumption unit unless the Minister(a)has provided the person requesting the issuance or the user, as the case may be, with written reasons for refusing to issue the consumption unit or for cancelling it; and(b)has allowed that person a period of at least 30 days after sending the notice in which to make oral or written representations in respect of the refusal or cancellation.

Coming into Force

11These Regulations come into force on the day on which they are registered.

SCHEDULE 1(Section 1 and subsections 3(1) and 4(1) and (4))Column 1Column 2Column 3Column 4Column 5ItemSolventDegreasing ProcessThreshold kg/yearDateYears1Trichloroethylene(a) degreasing by vapour degreaser1000January 1, 20041994-2002(b) degreasing by cold degreaser1000January 1, 20041994-20022Tetrachloroethylene(a) degreasing by vapour degreaser1000January 1, 20041994-2002(b) degreasing by cold degreaser1000January 1, 20041994-2002SCHEDULE 2(Paragraph 4(1)(c))Information for a Consumption Unit Request1Applicant Information(a)name, civic and postal addresses, e-mail address, if any, telephone number and fax number, if any(b)number of facilities and civic address for each facility(c)name, civic and postal addresses, e-mail address, if any, telephone number and fax number, if any, of the person authorized to submit the request on behalf of the applicant2ConfidentialityIndicate if a request for confidentiality is being made under section 313 of the Canadian Environmental Protection Act, 1999 and the reason for the request.3Solvent and Degreasing Process Information(a)name of solvent (see column 1 of Schedule 1)(b)name of degreasing process (see column 2 of Schedule 1)(c)date of commencement of the use of the solvent in the degreasing process(d)years to be used for the average annual consumption4Information concerning average annual consumptionFor each year relied on to establish the annual consumption, provide the following information with quantities in kilograms with respect to the solvent:(a)opening inventory;(b)quantity supplied by sellers (identify each seller by name and civic address);(c)quantity supplied by others (identify each supplier by name and civic address);(d)quantity sold or transferred to others (identify each purchaser or transferee by name and civic address); and(e)closing inventory.SCHEDULE 3(Subsection 4(2))Column 1Column 2Column 3Column 4ItemSolventDegreasing ProcessYearsPercentage of Average Annual Consumption1Trichloroethylene(a) degreasing by vapour degreaser2004, 2005 and 2006100%2007 and every year thereafter35%(b) degreasing by cold degreaser2004, 2005 and 2006100%2007 and every year thereafter35%2Tetrachloroethylene(a) degreasing by vapour degreaser2004, 2005 and 2006100%2007 and every year thereafter35%(b) degreasing by cold degreaser2004, 2005 and 2006100%2007 and every year thereafter35%SCHEDULE 4(Subsection 5(1))Information for Consumption Unit Retirement Notice1Person Retiring Consumption Unit(a)name, civic and postal addresses, e-mail address, if any, telephone number and fax number, if any(b)number of facilities and civic address for each facility(c)name, civic and postal addresses, e-mail address,if any, telephone number and fax number, if any, of the person authorized to submit the notice on behalf of the person retiring consumption unit2ConfidentialityIndicate if a request for confidentiality is being made under section 313 of the Canadian Environmental Protection Act, 1999 and the reason for the request.3Solvent and Degreasing Process Information(a)date retirement of consumption units is to be effective(b)name of solvent for which consumption units were issued (see column 1 of Schedule 1)(c)name of degreasing process for which consumption units were issued (see column 2 of Schedule 1)(d)quantity, in kilograms, of consumption units to be retired(e)reason for retirement of the consumption unitsSCHEDULE 5(Subsection 6(3))Information for a Consumption Unit Transfer1Transferor Information(a)name, civic and postal addresses, e-mail address, if any, telephone number and fax number, if any(b)number of facilities and civic address for each facility(c)name, civic and postal addresses, e-mail address, if any, telephone number and fax number, if any, of the person authorized to submit the information on behalf of the transferor2Transferee Information(a)name, civic and postal addresses, e-mail address, if any, telephone number and fax number, if any(b)number of facilities and civic address for each facility(c)name, civic and postal addresses, e-mail address, if any, telephone number and fax number, if any, of the person authorized to submit the information on behalf of the transferee3ConfidentialityIndicate if a request for confidentiality is being made under section 313 of the Canadian Environmental Protection Act, 1999 and the reason for the request.4Solvent and Degreasing Process Information(a)name of solvent for which consumption units were issued (see column 1 of Schedule 1)(b)name of degreasing process for which consumption units were issued (see column 2 of Schedule 1)(c)year to which the issued consumption units apply(d)effective date of consumption unit transfer(e)consumption units, in kilograms, for the following:(i)issued to the transferor before transfer(ii)transferor’s unexpended units before transfer(iii)unexpended consumption units to be transferredSCHEDULE 6(Paragraph 7(a))Information for Annual Solvent Consumption Report1Person Using Solvent(a)name, civic and postal addresses, e-mail address, if any, telephone number and fax number, if any(b)number of facilities and civic address for each facility(c)name, civic and postal addresses, e-mail address, if any, telephone number and fax number, if any, of the person authorized to submit the report on behalf of the person using solvent2ConfidentialityIndicate if a request for confidentiality is being made under section 313 of the Canadian Environmental Protection Act, 1999 and the reason for the request.3Solvent and Degreasing Process InformationThe following information must be given for each solvent and degreasing process:(a)applicable year of report;(b)name of solvent and degreasing process;(c)average annual consumption, in kilograms;(d)consumption units issued by the Minister, in kilograms; and(e)total quantity of solvent, in kilograms,(i)in opening inventory,(ii)supplied by sellers (identify each seller by name and civic address),(iii)supplied by others (identify each other supplier by name and civic address),(iv)transferred to use in a degreasing process from other on-site uses (identify each other on-site use),(v)transferred to use in a degreasing process from other off-site uses (identify each other off-site use),(vi)reclaimed or recycled on-site,(vii)transferred on-site for other uses (identify each other use),(viii)transferred off-site for other uses (identify each other use),(ix)sold or transferred to others (identify each other purchaser or transferee by name and civic address), and(x)in closing inventory.SCHEDULE 7(Paragraph 8(a))Information for Annual Solvent Sales Report1Seller Information(a)name, civic and postal addresses, e-mail address, if any, telephone number and fax number, if any(b)number of facilities and civic address for each facility(c)name, civic and postal addresses, e-mail address, if any, telephone number and fax number, if any, of the person authorized to submit the report on behalf of the seller2ConfidentialityIndicate if a request for confidentiality is being made under section 313 of the Canadian Environmental Protection Act, 1999 and the reason for the request.3Solvent InformationTotal quantity, in kilograms, of(a)solvent sold (identify each purchaser by name and civic address, and specify date of sale);(b)solvent returned by purchasers (identify each purchaser by name and civic address, and specify date of return);(c)recycled solvent sold (identify each purchaser by name and civic address, and specify date of sale);(d)recycled solvent returned by purchasers (identify each purchaser by name and civic address, date of return);(e)reclaimed solvent sold (identify each purchaser by name and civic address, and specify date of sale); and(f)reclaimed solvent returned by purchasers (identify each purchaser by name and civic address, and specify date of return).