Updating the Regulatory Framework for the Transboundary Movement of Waste and Hazardous Recyclable Materials. Discussion Document

Transcription

1 Updating the Regulatory Framework for the Transboundary Movement of Waste and Hazardous Recyclable Materials Discussion Document Environment Canada April 12, 2010

2 Table of Contents 1.0 INTRODUCTION OBJECTIVES OF THIS CONSULTATION DISCUSSION DOCUMENT DESCRIPTION OF ELEMENTS INCLUDED IN THIS REVIEW EXPORT AND IMPORT OF NON-HAZARDOUS WASTE FOR FINAL DISPOSAL EXPORT AND IMPORT OF ELECTRICAL AND ELECTRONIC EQUIPMENT DESTINED FOR FINAL DISPOSAL, RECYCLING OR REUSE STREAMLINING AND INTEGRATING PROVISIONS OF THE PCB WASTE EXPORT REGULATIONS, UPDATES TO THE INTERPROVINCIAL MOVEMENT OF HAZARDOUS WASTE REGULATIONS ADMINISTRATIVE CHANGES TO THE EIHWHRMR OPTIONS ON THE NUMBER OF REGULATIONS TO COMPOSE THE REGULATORY FRAMEWORK ONE REGULATION REGULATIONS BASED ON MATERIAL TYPE REGULATIONS BASED ON THE TYPE OF TRANSBOUNDARY MOVEMENT NEXT STEPS... 15

3 1.0 Introduction Management of Hazardous and Non-Hazardous Waste and Hazardous Recyclable Materials in Canada The control of hazardous waste, non-hazardous waste and hazardous recyclable materials within Canada is a responsibility shared by the federal, provincial/territorial, and municipal governments. The federal government is responsible for regulating international and inter-provincial/territorial movements. Provincial and territorial governments are responsible for regulating and licensing waste generators, carriers, and disposal, recycling and treatment facilities. Municipal governments are responsible for establishing waste collection and disposal programs within their jurisdictions. Under the authorities provided by the Canadian Environmental Protection Act, 1999 (CEPA 1999), Environment Canada currently has three Regulations in force for controlling transboundary movements of hazardous waste and hazardous recyclable materials. They are: the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations, 2005 (EIHWHRMR); the Interprovincial Movement of Hazardous Waste Regulations, 2002 (IMHWR); the PCB Waste Export Regulations, These Regulations were enacted to ensure that hazardous waste and hazardous recyclable materials are transported across borders in an environmentally sound manner that protects the environment and human health. They also contribute to Canada s ability to meet its obligations under three international Agreements (see sub-section below) by bringing these obligations into national legislation. Building on the work done over the past few years and, in light of the 2007 Cabinet Directive on Streamlining Regulation, Environment Canada is undertaking a review and update of these Regulations (hereafter referred to as the Regulatory Framework) to: improve efficiency and effectiveness; minimize duplication; ensure consistency of definitions; improve policy coherence; streamline requirements; clarify some provisions; add new ones to better align with international requirements and address emerging issues; and ensure greater protection for Canadians, their health and their environment. International Agreements Canada is party to three international Agreements that establish obligations with respect to the management and international movement of hazardous waste, non-hazardous waste and hazardous recyclable materials: the United Nations Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, 1989 (ratified by Canada in 1992); the Decision C(2001)/107/Final of the Council of the Organisation for Economic Cooperation (OECD) Concerning the Control of Transboundary Movements of Wastes Destined for Recovery Operations; and the Canada-USA Agreement on the Transboundary Movement of Hazardous Wastes, 1986 as amended in 1992 to include provisions for non-hazardous waste. Page 3 of 15

4 The Basel Convention has the following key objectives: minimize the generation of waste and its hazardous characteristics; minimize the movement of waste; ensure that waste is disposed of in an environmentally sound manner. In line with these objectives, the three international Agreements are consistent and ensure that international movements of waste and hazardous recyclable materials are managed in an environmentally sound manner from the point of generation to the final disposal or recycling. For that purpose, the Agreements establish the following common risk management processes: ensure that international movements are properly documented and directed to authorized facilities that perform the disposal or recycling operations under environmentally sound management (ESM) practices; implement prior informed consent mechanisms for export, import and transit of hazardous waste, non-hazardous waste and hazardous recyclable materials. The current review and update of the Regulatory Framework is guided by these key objectives and risk management processes. The complete text of these agreements is available through Environment Canada s web site at Elements Included in this Update of the Regulatory Framework The review of the Regulatory Framework includes the following elements: 1. new provisions regulating the export and import of non-hazardous waste; 2. new provisions to improve the regulation of the export and import of designated electrical and electronic equipment (EEE) destined for final disposal, recycling or reuse; 3. streamlining and integrating provisions for the export and import of hazardous waste containing polychlorinated biphenyls (PCB); 4. simplification of IMHWR requirements and alignment of definitions with the current EIHWHRMR; 5. administrative adjustments to improve clarity, accuracy and efficiency without affecting the essence of the regulations. These elements are detailed in Section 2 of this discussion document. 1.1 Objectives of this Consultation Environment Canada is committed to ensuring that meaningful and effective consultation with stakeholders is part of all initiatives aimed at modifying existing regulations and developing new regulatory provisions to manage environmental risk posed by the movement and management of hazardous waste, non-hazardous waste and hazardous recyclable materials. In keeping with this commitment, Environment Canada has prepared this discussion document to: inform stakeholders of the proposed review of the Regulatory Framework; invite stakeholders to provide comments on the proposal; provide an opportunity for stakeholders to raise their concerns, and to offer comments and suggestions to improve the proposed updates to the Regulatory Framework; and, Page 4 of 15

5 ensure that Environment Canada officials clearly address all stakeholder questions and concerns on the proposed regulatory provisions. These consultations are therefore intended to ensure that the proposed regulatory provisions are as open, transparent, effective, and straightforward as possible, that protection of the environment and human health are at the forefront, and that they support all government policies and international agreements related to hazardous waste, non-hazardous waste and hazardous recyclable materials. 1.2 Discussion Document Environment Canada has prepared this discussion document to inform stakeholders of the key elements of its proposed review of the Regulatory Framework. Its purpose is to provide focus and guidance to the consultation process. In soliciting input from stakeholders, Environment Canada has posted a copy of this discussion paper on its web site at The Department has also distributed notices by and regular mail to potential Canadian stakeholders, including: representatives of other federal departments; provincial, territorial, and municipal governments; industry; environmental groups; and public advocacy groups. Environment Canada welcomes the further distribution of this document to all potential stakeholders. Environment Canada will review all written responses received prior to drafting and publishing the proposed new regulatory provisions in the Canada Gazette, Part I. That publication will constitute the next opportunity for stakeholders to provide comments on the proposed updates to the Regulatory Framework. 2.0 Description of Elements Included in this Review 2.1 Export and Import of Non-Hazardous Waste for Final Disposal The current Regulatory Framework ensures that international movements of hazardous waste and hazardous recyclable materials are directed to environmentally sound facilities through the implementation of a permitting and tracking mechanism, including a requirement for the authorities of the receiving country to provide prior informed consent before any shipment can take place. As part of this review of the Regulatory Framework, Environment Canada will be adding provisions to regulate the export and import of non-hazardous waste for final disposal. The proposed regulatory provisions will enable Canada to implement the terms of the Basel Convention and the Canada-USA Agreement with respect to transboundary movements of nonhazardous waste. The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal also includes provisions for non-hazardous waste referred to as other wastes collected from households and the residue from their incineration. Also, the Canada-USA Agreement on the Transboundary Movement of Hazardous Waste was amended in November 1992 to include "other waste", which it defines as municipal solid waste sent for final disposal or incineration and the residue arising from the incineration of such waste. Under this Agreement, municipal solid waste is to be interpreted according to each country s legislation and regulations. Both the Basel Convention and the Canada-USA Agreement require Canada to implement a prior informed consent mechanism for the transboundary movements of waste and to ensure that all Page 5 of 15

6 wastes and their movements are managed in an environmentally sound manner that protects the environment and human health. When CEPA was amended in 1999, new authorities were introduced that allowed the Government of Canada to legislate on non-hazardous waste in order to prevent prescribed nonhazardous waste for final disposal from being exported from, imported to, or conveyed in transit through Canada without an appropriate permit. The detailed definition of non-hazardous waste was to be prescribed through the development of specific regulatory provisions under those new authorities. Since then, Environment Canada has been working on the development of regulatory provisions to control the international movements of non-hazardous waste destined for final disposal. The subsections below provide an overview of previous stakeholder consultations. Previous Consultations Environment Canada held its first consultation on regulatory provisions for non-hazardous waste in This consultation was comprised of meetings with representatives of all sectors, including non-government organizations, industry, and provincial and municipal governments. Following those meetings, a discussion paper, Development of Regulatory Options for the Export and Import of Prescribed Non-Hazardous Wastes Destined for Final Disposal, was posted on the CEPA Environmental Registry web site for public comment from August 31 to December 31, 2000 (see Public Consultation Archives at The comments received were reviewed, and a second series of multi-stakeholder consultations were organized to further review the options paper and seek additional input. Four workshops were held across Canada in March 2001, with invitations and follow-up calls made to representatives of all levels of government, industry, waste-management firms, and environmental non-government organizations. In 2005, Canadian and US authorities conducted a pilot project to test the implementation of the Canada-USA Agreement with respect to the notification of exports for non-hazardous waste. The goal of the pilot project was to facilitate development of effective procedures to serve as the basis for a future binding notice-and-consent process for the transboundary movements of nonhazardous waste between Canada and the United States when the necessary legislative authorities have been put in place. Seven waste exporters in Ontario volunteered to participate. Their total combined export over the six months of the project was nearly 661,000 tonnes. The participants were two municipalities (Region of Peel and City of Toronto), and five from various industrial settings. There were five receiving sites in Michigan. Positive feedback was received from participants, as well as US Environmental Protection Agency (US EPA), and the project was successful in demonstrating the feasibility and efficiency of a notification mechanism for the transboundary movement of non-hazardous waste. The final report of the pilot project is available at: BC8132AF945D. In early 2006 Environment Canada released a consultation paper, Proposed Regulatory Provisions for the Export and Import of Non-Hazardous Waste. The paper was made available for public comment on the CEPA Environmental Registry web site from February to May 2006 (see Public Consultation Archives at Comments were received from all sectors, including non-government organizations, industry, provincial governments and the general public. These comments were taken into consideration in assembling this new discussion paper, which constitutes a revised proposal for the regulatory provisions. The subsections that follow describe the main adjustments required to the provisions proposed in 2006 to either address comments received during the consultation, or to ensure consistency of the proposed provisions with the current review of the Regulatory Framework. Page 6 of 15

7 Other provisions will remain consistent with those proposed in For more details, please consult Definition of Non-Hazardous Waste In 2006 the proposed definition for non-hazardous waste used the sources of the waste stream as a defining factor and it focused on waste that is derived from municipal, residential, industrial, commercial or institutional sources. The definition also carried a number of inclusions and exclusions. Comments received from stakeholders in relation to this definition focused on the following main points: The proposed definition would create different types of non-hazardous waste based on the type of facility generating the waste and its composition (e.g. residential-like waste from industrial facilities is included, but waste from industrial processes that is not hazardous is excluded). These distinctions may be difficult to follow through, as often all of the different types of non-hazardous waste are mixed together during collection and shipment. The proposed definition would potentially create confusion with respect to the status and requirements for waste that is neither hazardous nor included in the definition of nonhazardous waste. Environment Canada proposes to revise and simplify the definition for non-hazardous waste in order for it to be as clear and practical as possible. Therefore, the following approach is proposed: First, non-hazardous waste will be defined broadly to cover all waste that does not meet the definition of hazardous waste or hazardous recyclable material in the current definitions under the EIHWHRMR. The definition will also carry the current EIHWHRMR exclusions for small quantities (i.e. less than 5 kilograms or 5 litres per shipment or material part of the exporter s or importer s personal effects) and the regulatory provisions will not apply to shipments of radioactive waste and radioactive recyclable material, which are covered under the Nuclear Safety and Control Act, or to explosives, which are covered under the Explosives Act. Second, the regulatory provisions will apply only to non-hazardous waste that is being exported, imported or conveyed in transit for disposal purposes using one of the operations listed in Schedule 1 of the current EIHWHRMR. Also, as currently required in the EIHWHRMR (paragraph 8(j)), the reason for disposal will need to be identified and included in the Notice using the appropriate codes ( Q" codes). With this definition, any waste being exported, imported or conveyed in transit for final disposal will either be hazardous or non-hazardous. Non-hazardous waste will therefore include, among other things: residential waste (which refers to waste from primary and seasonal dwellings including all single family, multi-family, high rise and low-rise residences in urban and sub-urban areas) and ash from its incineration; and residential-like waste (e.g. food or packaging waste from restaurants, schools, hospitals, parks, public spaces, etc.). Non-hazardous waste will also include: industrial, commercial and institutional waste (e.g. sawdust from a mill, textile trimmings from factory, office waste); construction and demolition waste (e.g. lumber, drywall, masonry such as brick and concrete); mining waste and agricultural waste, provided that none of these waste types fall under the definition of hazardous waste or hazardous recyclable material. Again, the non-hazardous waste regulatory provisions will apply only if those waste materials are exported, imported or conveyed in transit for disposal. Page 7 of 15

8 Household Special Waste Environment Canada recognises that some waste falling under the proposed definition of nonhazardous may inadvertently contain small quantities of hazardous waste. Household special waste, also known as household hazardous waste, is frequently found in municipal solid waste in small quantities despite significant efforts at all levels to educate individuals on the importance of recovering and addressing these wastes separately. Environment Canada will ensure that the regulatory provisions would allow for these small quantities. Prescribed Time Period for Completing Disposal The provisions proposed in 2006 included requirements for the final disposal of the nonhazardous waste to be completed within five days of its arrival at the receiving facility. In the case of residues from thermal treatment of non-hazardous waste, the timeframe for final disposal was proposed to be within 180 days of shipment. A number of stakeholders commented on the difficulties that these provisions would create in practice for exporters and importers to report on their level of compliance. Non-hazardous waste may be repackaged on its way to the final destination, making it difficult to ascertain whether some specific shipment of non-hazardous waste has been disposed of within five days. In response to comments such as these, Environment Canada is now recommending that the proposed regulatory provisions not prescribe a deadline for completing disposal, but a confirmation of disposal will still be required. Other federal Acts, Regulations and policies related to the export, import of waste The proposed regulatory provisions for non-hazardous waste will be consistent with other federal legislative and regulatory requirements now in force. Export, import and transit of non-hazardous waste will have to meet these other requirements, as well as those in the Regulatory Framework (i.e. notification, permitting, tracking, reporting, etc.). For example, the import into Canada of waste containing or suspected of containing animal products and by-products is currently controlled under the Regulations Respecting the Health of Animals. These Regulations prohibit imports of such waste from any country other than the United-States. In addition, these Regulations, in conjunction with the Canadian Food Inspection Agency s policy on international waste, place strict conditions on the management and disposal of aircraft garbage and ship s refuse, defined as the waste resulting from food taken on board. The proposed new regulatory provisions for non-hazardous waste will be consistent with these existing requirements. 2.2 Export and Import of Electrical and Electronic Equipment Destined for Final Disposal, Recycling or Reuse Electrical and Electronic Equipment (EEE), destined for disposal, recycling or reuse, is also commonly referred to as e-waste, e-scrap or waste electrical and electronic equipment (WEEE). Without environmentally sound management during these stages of the product lifecycle, such waste may pose risks to human health and the environment. Some EEE contains substances declared toxic under CEPA 1999 or other hazardous constituents. Globally, there is evidence that EEE shipments to non-oecd countries can contribute to significant problems for human health, the environment and waste management in receiving countries if the waste is not processed in an environmentally sound manner. Consistent with its international obligations under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, Canada prohibits the shipment of hazardous wastes and hazardous recyclable materials across international borders Page 8 of 15

9 without the prior informed consent of the importing jurisdiction, and a permit issued under CEPA EEE may be subject to control under the EIHWHRMR if: 1. the shipment meets the criteria for hazardous waste or hazardous recyclable material as defined under these Regulations, or 2. the shipment is intended for export to or transit through a Basel Convention Party country which has declared the EEE to be hazardous and has prohibited its import. Many types of EEE that are considered to be problematic in non-oecd member countries are not controlled under the current EIHWHRMR. Broader controls are needed, to ensure that EEE exports from and imports to Canada are destined for environmentally sound disposal or recycling operations, and to strengthen the implementation of Canada s commitments under the Basel Convention and other international Agreements. The following sections outline Environment Canada s proposal to broaden the controls for the export and import of EEE. Provision 1: Define Designated EEE as a Hazardous Waste or Hazardous Recyclable Material Under the Regulatory Framework Environment Canada proposes to broaden its national definitions of hazardous waste and hazardous recyclable material to include designated EEE. Designated EEE to be Addressed in the Regulatory Framework The proposed regulatory provisions will apply to the following types of EEE: i. computing equipment including: desktop computers; laptop and handheld devices; central processing units and associated components and sub-components such as keyboards, mice and docking and charging stations; internal and external hard drives and modems; memory storage devices; CD, DVD and floppy disk drives; power supplies; cables; cooling fans; speakers; microphones; circuit boards; video cards; memory cards; network cards; sound cards; printing devices including printers, facsimile machines, scanners and photocopiers ii. iii. video display devices including: those containing cathode ray tube (CRT) displays; liquid crystal display (LCD), plasma display panels; organic light-emitting diodes (OLED); projection units; and associated components and sub-components (cables, circuit boards, remote controls) telecommunication equipment including: mobile and cellular phones; cordless and wired telephones; portable radio receivers and transmitters; associated components and subcomponents (docking and charging stations, cables, circuit boards, etc.). This measure would: provide further clarity in Canada regarding the types of equipment considered to be hazardous for the purposes of regulatory control and enforcement with respect to exports and imports support the environmentally sound management of this equipment by: - requiring that designated EEE exported or imported for final disposal is subject to prior informed consent and directed only to authorized facilities; - requiring that designated EEE exported or imported for recycling or reuse that is not excluded from regulatory control (see below) is subject to prior informed consent and is directed only to authorized facilities. Page 9 of 15

10 Provision 2: Exclude from Regulatory Control, Exports and Imports of Designated EEE Destined for Recycling in an OECD Member Country EEE is generally considered to be low-risk hazardous recyclable material when processed within the OECD community. Therefore, OECD Council Decision C(2001)/107/Final allows for the facilitated movement of certain types of recyclable materials within OECD member countries. These recyclable materials include electrical assemblies consisting only of metals or alloys, as well as electronic scrap (printed circuit boards, electronic components, wire, etc.) and reclaimed electronic components suitable for base and precious metal recovery. The proposed exclusion, identified in Provision 2, follows from that decision. It is thus in line with the exclusion currently part of the definition of hazardous recyclable material under the EIHWHRMR which applies to shipments, among OECD member countries, of materials listed in Schedule 8. Provision 3: Exclude, from Regulatory Control, Exports of Designated EEE Destined for Direct Reuse in a non-oecd Member Country Many recycling markets consist of exports to developing countries and countries with economies in transition. The export of EEE is driven by the strong demand for raw materials and by the low cost of labour and processing that is common in these areas. Although non-oecd members may offer facilities that are capable of managing EEE and residual wastes from refurbishing and recycling operations in an environmentally sound manner, there is a strong possibility that EEE will end up in the informal recycling sector of these countries if prior informed consent for this equipment is not sought prior to shipment. However, it is also recognized that access to used, functional EEE has a number of socio-economic benefits for non-oecd countries. Regulatory Provision 3 will allow for the facilitated movement of EEE, for direct reuse, to non- OECD countries, and ensure that designated EEE destined for refurbishing or recycling in these countries is subject to full regulatory control under the EIHWHRMR. The following criteria are proposed to assess whether designated EEE is considered to be suitable for direct reuse and therefore eligible for facilitated movement: i. The equipment is adequately packaged to protect against breakage while in transit, loading and unloading, and in such a manner as to facilitate its direct reuse upon receipt. ii. iii. The equipment is accompanied by any accessories deemed essential for its continued operation (rechargeable batteries with their corresponding chargers, remote controls, etc.). The equipment is functional. The Canadian exporter and the importer will be responsible for ensuring that these criteria are met for movements to and from a non-oecd country for the purpose of direct reuse. 2.3 Streamlining and Integrating Provisions of the PCB Waste Export Regulations, 1996 The international movement of waste containing polychlorinated biphenyls (PCBs) has been controlled in Canada since the 1970s. The PCB Waste Export Regulations came into force in 1990, predating the 1992 Basel Convention. The Regulations were most recently revised in 1996 to include a prohibition on the export of waste containing PCBs in concentrations higher than 50 milligrams per kilogram (50 ppm), except to the USA. Also PCB waste exports are only allowed if destined for final disposal at authorized facilities using destruction processes such as thermal, chemical or other processes (landfilling is not allowed). Page 10 of 15

11 The EIHWHRMR address imports of hazardous waste and hazardous recyclable material containing PCBs. Together the PCB Waste Export Regulations and the EIHWHRMR establish the conditions for export and import of PCB waste and recyclable material with PCB concentrations greater than 50 ppm. As part of its review of the Regulatory Framework for the movement of waste and hazardous recyclable materials, Environment Canada recommends repealing the PCB Waste Export Regulations and regrouping the provisions related to the export and import of waste containing PCBs under the same Regulations. Generally, the provisions for notification and tracking of exports under the PCB Waste Export Regulations are similar to those in the EIHWHRMR, and waste containing PCBs is already considered as a subset of hazardous waste as defined in the EIHWHRMR and the Basel Convention. Therefore, the regulatory provisions for PCB waste can easily be integrated. The revised Regulatory Framework would make the requirements for the export and import of hazardous waste containing PCBs consistent with the current requirements under the EIHWHRMR. The main characteristics of the proposed regulatory provisions are: The current PCB Waste Export Regulations will be repealed. The prohibition on exports of PCB waste in the PCB Waste Export Regulations will be dropped in order to harmonize provisions with international trade agreements; The requirement for exported PCB waste to be destined only for final disposal through destruction processes will be carried and expanded to also apply to imports; As with all other hazardous waste, the requirements for notification, prior informed consent, obtaining a permit and tracking will be maintained. The integration of the requirements for the export and import of hazardous waste containing PCBs will streamline the current Regulatory Framework. 2.4 Updates to the Interprovincial Movement of Hazardous Waste Regulations As part of this review of the Regulatory Framework for the transboundary movement of waste and hazardous recyclable material, Environment Canada will repeal and replace the existing Interprovincial Movement of Hazardous Waste Regulations (IMHWR). The proposed regulatory provisions will incorporate comments received during previous consultations. Previous Consultations Proposed Interprovincial Movement of Hazardous Waste and Hazardous Recyclable Material Regulations were published in the Canada Gazette, Part I in September The proposed Regulations were developed to address the issue of harmonizing the definitions of hazardous waste, hazardous recyclable material, and movement document with those in the current EIHWHRMR. 1 For further information on the previously proposed Regulations, please refer to: Page 11 of 15

12 Pre-Canada Gazette, Part I Consultation Two rounds of consultation were held in 2000 and 2002, including sessions attended by industry, environmental non-governmental organizations, provincial and territorial governments and other federal departments. These consultations built on previous consultations conducted in 1996 and 1999 and on the recommendations regarding the definition of hazardous waste and hazardous recyclable material made by the Canadian Council of Ministers of the Environment (CCME) Hazardous Waste Task Group. The stakeholders recommended that the definitions of hazardous waste and hazardous recyclable material should be harmonized between both Regulations under CEPA They also recommended a review of the lists of hazardous waste and hazardous recyclable material referred to in the definitions, to ensure as much compatibility as possible with the controls set by the US EPA. In 2003, further discussions were undertaken with the provinces and territories, via the CEPA National Advisory Committee and the CCME to ensure harmonization, as much as possible, with the provinces and territories approach to the management of hazardous waste and hazardous recyclable material. These discussions led to the development of the definitions included in the current EIHWHRMR and the regulatory provisions published in the Canada Gazette, Part I, in September Some stakeholders asked that exemptions be included in the Regulations, for certain categories of low-risk recyclable materials that are valuable secondary feed stocks for the recycling industry. Environment Canada incorporated the definition of hazardous recyclable material in the proposed Regulations, which effectively excludes certain low-risk recyclable materials from regulation. The nature of the definition is expected to promote sustainable recycling, thereby enhancing the protection of the environment through the recycling of valuable materials. Comments Regarding September 2006 Canada Gazette, Part I Publication Stakeholders responses to the Canada Gazette, Part I publication will be addressed in developing the new Regulations. The majority of the comments are related to clarification of certain definitions and clarification in regard to the movement document, its use, and submission requirements. Proposed Regulations Environment Canada proposes to repeal and replace the existing IMHWR. The proposed Regulations will include the following major provisions: As per the 2006 publication in the Canada Gazette, Part I, replace the definition of hazardous waste and related provisions (definition of recycling and threshold quantities) with the new definitions of hazardous waste and hazardous recyclable material from the current EIHWHRMR. As per the 2006 Canada Gazette, Part I publication, replace the definition of manifest with that of movement document and include the movement document in the proposed Regulations. Remove the requirement for movement documents to be submitted to provinces and territories, and replace it with a requirement for parties to an interprovincial waste movement to maintain a copy of the movement document with the shipment while in transit, and retain documents at their place of business for a period of three years after the movement has been completed. Page 12 of 15

13 Definitions of Hazardous Waste and Hazardous Recyclable Material The definitions of hazardous waste and hazardous recyclable material to be included in the proposed Regulations will be the definitions from the current EIHWHRMR, as well as the amendments to those definition outlined in Section 2.5. They will continue to cover the wastes and recyclable materials that exhibit a hazard, with certain specific low-risk recyclables being exempt. As in the current EIHWHRMR, the new definitions will also refer to lists of waste or recyclable material considered hazardous. Some of these hazardous wastes or hazardous recyclable materials are already regulated by the provinces and territories. Movement Document The movement document form referred to in Schedule 9 of the current EIHWHRMR will be used for interprovincial movements of hazardous waste and hazardous recyclable materials. In order to achieve a harmonized federal-provincial/territorial approach, the movement document has been developed in collaboration with the provinces and territories. Additionally, the movement document will also meet the requirements for a shipping document under the Transportation of Dangerous Goods Regulations of the Transportation of Dangerous Goods Act. The requirement for the movement documents to be submitted to provinces/territories will be removed from the Regulations and replaced with a requirement to maintain a copy of the movement document with the shipment while in transit. This change is proposed in response to stakeholders comments and to reduce the reporting burden on regulatees, while maintaining environmental and human health protection during hazardous waste and hazardous recyclable material shipments. 2.5 Administrative Changes to the EIHWHRMR Definitions of Hazardous Waste and Hazardous Recyclable Material The definitions of hazardous waste and hazardous recyclable materials in the current EIHWHRMR will be updated to reflect recent changes to the Transportation of Dangerous Goods Regulations (e.g. the criteria for environmentally hazardous and leachate toxicity under Class 9 were repealed from those Regulations) and to ensure consistency with the definition of nonhazardous waste that will be introduced as discussed in Section 2.1. Clarifying and Ensuring Accuracy of Schedules Schedules 5, 6, 7 and 10 of the current EIHWHRMR will be updated to include Chemical Abstract Service (CAS) numbers corresponding to the chemicals listed. This will eliminate any confusion that may have arisen for some of the items listed when, for example, one chemical name can refer to more than one chemical structure. Also, a number of nomenclature errors have been identified over time. These errors will be corrected to ensure the accuracy of the Schedules. Movement Document Schedule 9 of the EIHWHRMR currently defines the movement document form. This form will be removed and transferred to a guidance document, in order to facilitate future updates to the movement document. The updated Regulatory Framework will therefore refer to the movement document, as published in the guidance material, as the official document for tracking the movement of waste. This will allow Environment Canada to make minor adjustments to the movement document without the delays imposed by the publication process for notices in the Canada Gazette. Page 13 of 15

14 In addition, Environment Canada intends to develop a web-based system in the near future, to modernize the submission of notices, the issuance of permits, and other types of information exchanges required by the Regulations to track movements. Defining the movement document outside the Regulation will allow for the electronic capture of data elements without the need for a paper document. ESM Criteria Environment Canada is proposing to use this review process and consultation to explore ways to improve implementation of the criteria for environmentally sound management (ESM) currently set out in the EIHWHRMR, in order to strengthen Canada s commitment to ensuring proper management of waste and hazardous recyclables. Since 2005, ESM criteria have been further developed internationally; therefore, the focus will be on developing procedures to fully incorporate ESM as part of the permitting process domestically. 3.0 Options on the Number of Regulations to Compose the Regulatory Framework Environment Canada is reconsidering the Regulatory Framework in terms of how the regulatory provisions are grouped together and how many regulations are required to ensure clarity, efficiency and effectiveness in implementing and enforcement. There are three options under consideration: 1. one regulation covering all transboundary movements of waste and hazardous recyclable materials; 2. regulations based on material type: non-hazardous waste, hazardous waste and hazardous recyclable materials; 3. regulations based on the type of transboundary movement: one for international movements and another for interprovincial movements. The sub-sections below describe some of the pros and cons for these options. In light of current information, Environment Canada considers regulations based on material type (option 2) as the preferred option. 3.1 One Regulation Pros Cons All regulatory provisions dealing with transboundary movements of waste and hazardous recyclable materials would be regrouped. There would be only one set of schedules to maintain. It would help promote consistency of approach with the various waste and recyclable streams It would help maintain coherence and consistency of definitions, processes and requirements It addresses different regulated communities under one regulation. Long regulations with many parts can be perceived as unnecessarily complicated and affect clarity and enforceability. Future amendments to one single part may be difficult to manage without reopening the entire regulations. Page 14 of 15

15 3.2 Regulations based on material type Pros Cons Shorter regulations may be clearer and more flexible for future amendments. It focuses on regulatees. It would be in line with the approaches of the US and Ontario. It creates duplicate sets of schedules to maintain. Some inconsistencies between regulations may be introduced over time when amendments are introduced on different timelines. 3.3 Regulations based on the type of transboundary movement Pros Cons It separates two very different kinds of transboundary movements with different sets of requirements. The interprovincial regulations would be relatively concise. Companies shipping across provinces/territories are likely also in the business of export/import and therefore would have to reference both Regulations. The international regulations would still have many parts. There would be two regulations and two sets of schedules to maintain. Some inconsistencies between regulations may be introduced over time when amendments are introduced following different timelines. 4.0 Next Steps Stakeholders are invited to provide written comments on this discussion document during a 60- day comment period, which will end on June 14, Environment Canada will review all written comments, and publish a summary on its web site. Environment Canada will consider all input received in the drafting of proposed instrument provisions. The draft provisions will then be published for public comment in the Canada Gazette, Part I. Please send your comments on this discussion document in writing, by June 14, 2010, to either of the following addresses: Regular mail: Consultation - Transboundary Movement Regulatory Framework Waste Reduction and Management Division Environment Canada 351 St-Joseph Blvd, 14th Floor Gatineau QC K1A 0H3 TMB@ec.gc.ca Please type Consultation - Transboundary Movement Regulatory Framework in the subject line of your message Page 15 of 15