CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999Federal Mobile PCB Treatment and Destruction RegulationsRegulations Respecting Mobile Systems for the Treatment and Destruction of Chlorobiphenyls that are Operated on Federal Lands or Operated by or under Contract with Federal InstitutionsP.C.1989-2447198912
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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 August 5, 1989, a copy of the annexed Regulations respecting mobile systems for the treatment and destruction of chlorobiphenyls that are operated on federal lands or operated by or under contract with federal institutions, substantially in the form annexed hereto;R.S., c. 16 (4th Supp.)And Whereas, in the opinion of the Governor in Council, pursuant to subsection 34(3) of the Canadian Environmental Protection Act*, the annexed regulation does not regulate any aspect of any substance that is regulated by or under any other Act of Parliament;Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment and the Minister of National Health and Welfare, pursuant to section 34** of the Canadian Environmental Protection Act*, and on the recommendation of the Minister of the Environment with the concurrence of the Minister of Agriculture, the Minister of Public Works, the Minister of Energy, Mines and Resources, the Minister of National Health and Welfare, the Minister of Finance, the Minister of State for Science and Technology and Acting Minister of Consumer and Corporate Affairs, the Minister of Fisheries and Oceans, the Minister of National Defence, the Minister of Transport, the Minister of Communications, the Minister of Veterans Affairs, the Minister of Supply and Services, the Minister of Indian Affairs and Northern Development, the Solicitor General of Canada and the Minister of Labour, pursuant to section 54 of that Act, is pleased hereby to make the annexed Regulations respecting mobile systems for the treatment and destruction of chlorobiphenyls that are operated on federal lands or operated by or under contract with federal institutions.S.C. 1989, c. 9, s. 2SHORT TITLEThese Regulations may be cited as the Federal Mobile PCB Treatment and Destruction Regulations.INTERPRETATIONIn these Regulations,Act[Repealed, SOR/2000-105, s. 1]chlorobiphenyls or PCBs means the chlorobiphenyls described in item 1 of the List of Toxic Substances in Schedule I to the Canadian Environmental Protection Act, 1999; (biphényles chlorés ou BPC)federal institution means a department, board or agency of the Government of Canada or any corporation that is named in Schedule III to the Financial Administration Act; (institution fédérale)mobile PCB destruction system means mobile equipment that is capable of destroying PCBs by thermal means; (unité mobile de destruction des BPC)mobile PCB treatment system means mobile equipment that is capable of destroying PCBs by chemical means; (unité mobile de traitement des BPC)normal cubic metre means the volume of a gas at 25°C and 101.3 kPa; (mètre cube normal)2,3,7,8-substituted PCDDs means any polychlorinated dibenzo-para-dioxins that have the molecular formula C12H8-nClnO2, in which “n” is from 4 to 8 and chlorine atoms are located at the 2,3,7,8 positions on the molecule; (PCDD chlorés aux positions 2,3,7 et 8)2,3,7,8-substituted PCDFs means any polychlorinated dibenzofurans that have the molecular formula C12H8-nClnO, in which “n” is from 4 to 8 and chlorine atoms are located at the 2,3,7,8 positions on the molecule. (PCDF chlorés aux positions 2,3,7 et 8)
SOR/2000-105, s. 1.
APPLICATIONThese Regulations apply in respect of mobile PCB destruction systems and mobile PCB treatment systems that are operatedon federal land or on aboriginal land; oranywhere in Canada by or under contract with a federal institution.
SOR/2000-105, s. 2
DUTY OF FEDERAL INSTITUTIONSWhere a mobile PCB destruction system or mobile PCB treatment system is operated under contract with a federal institution, the federal institution shall ensure that the person who operates the system complies with sections 5 to 17.STANDARDSNo person shall operate a mobile PCB destruction system that releases into the environment a gas that contains PCBs in excess of 1 mg/kg of PCBs put into the system.No person shall operate a mobile PCB treatment system to treat oil that contains PCBs unless the system is operated so as to reduce the concentration of PCBs in the oil to 2 mg/kg or less.No person shall operate a mobile PCB destruction system or mobile PCB treatment system that releases into the environment a gas that contains a concentration ofparticulate matter that exceeds 50 mg per normal cubic metre;hydrogen chloride that exceeds 75 mg per normal cubic metre; or2,3,7,8-substituted PCDDs and 2,3,7,8-substituted PCDFs that exceeds 12 ng per normal cubic metre, when determined in accordance with section 10.The concentrations referred to in subsection (1) are corrected to 11% oxygen, on a dry basis.
SOR/93-231, s. 2(F).
No person shall operate a mobile PCB destruction system that releases into the environment a liquid that contains a concentration ofPCBs that exceeds 5 µg/L; or2,3,7,8-substituted PCDDs and 2,3,7,8-substituted PCDFs that exceeds 0.6 ng/L, when determined in accordance with section 10.No person shall operate a mobile PCB destruction system or mobile PCB treatment system that releases into the environment a solid that contains a concentration, on a dry basis, ofPCBs that exceeds 0.5 mg/kg; or2,3,7,8-substituted PCDDs and 2,3,7,8-substituted PCDFs that exceeds 1 µg/kg, when determined in accordance with section 10.The concentrations referred to in paragraphs 7(1)(c), 8(b) and 9(b) are determined by multiplying the concentration of each congener of 2,3,7,8-substituted PCDDs and 2,3,7,8-substituted PCDFs that is set out in an item of Column I of the schedule by the corresponding toxicity factor set out in Column II of that item, and by adding the products thereof.INFORMATION ON DESIGN AND PERFORMANCENo person shall operate a mobile PCB destruction system or mobile PCB treatment system unless the person provides the Minister with information on the design and performance of the system that demonstrates that the system is capable of meeting the standards set out in sections 5 to 9 and is authorized by the Minister in writing to operate the system.TESTINGA person may, with the written permission of the Minister and subject to such terms and conditions as the Minister may impose, conduct a test of a mobile PCB destruction system or mobile PCB treatment system for the purposes of providing the Minister with the information referred to in section 11.A person who conducts a test under subsection (1) does not contravene these Regulations if the mobile PCB destruction system or mobile PCB treatment system does not meet the standards set out in sections 5 to 9 during the test.
SOR/93-231, s. 2(F).
Any person who operates a mobile PCB destruction system or mobile PCB treatment system shall, at the request of the Minister, conduct tests during the operation of the system to determine if it meets the standards set out in sections 5 to 9.Any person who operates a mobile PCB destruction system or mobile PCB treatment system shall submit to the Minister in writing the results of any test conducted pursuant to subsection (1) no later than 60 days after the day on which the test was completed.TEST METHODSEvery person who conducts a test pursuant to section 12 or 13 shall employ the methods referred to in sections 15 to 17.For the purposes of paragraph 7(1)(a), the concentration of particulate matter in a gas shall be measured in accordance with the methods set out in the Standard Reference Methods for Source Testing: Measurement of Emissions of Particulates from Stationary Sources, Department of the Environment Report EPS 1-AP-74-1, February 1974, as amended from time to time.For the purposes of paragraph 7(1)(b), the concentration of hydrogen chloride in a gas shall be measured in accordance with the methods set out in the Reference Method for Source Testing: Measurement of Releases of Gaseous Hydrogen Chloride from Stationary Sources, Department of the Environment Report EPS 1/RM/1, June 1989, as amended from time to time.For the purposes of section 5 and paragraph 7(1)(c), the concentration of PCBs, 2,3,7,8-substituted PCDDs and 2,3,7,8-substituted PCDFs in a gas shall be measured in accordance withthe sampling method set out in the Reference Method for Source Testing: Measurement of Releases of Selected Semi-Volatile Organic Compounds from Stationary Sources, Department of the Environment, Report EPS 1/RM/2, June 1989, as amended from time to time; andthe method of analysis set out in A Method for the Analysis of Polychlorinated Dibenzo-Para-Dioxins (PCDD), Polychlorinated Dibenzofurans (PCDF) and Polychlorinated Biphenyls (PCB) in Samples from the Incineration of PCB Waste, Department of the Environment, Report EPS 1/RM/3, June 1989, as amended from time to time.
SOR/93-231, s. 2(F).
For the purposes of section 8, the concentration of PCBs, 2,3,7,8-substituted PCDDs and 2,3,7,8-substituted PCDFs in liquids shall be measured bytaking a representative sample of the liquids released by the system every 15 minutes while samples of gases are being taken in accordance with the methods referred to in section 15;taking a representative sample of the mixture of all the samples taken pursuant to paragraph (a); andanalyzing the sample taken pursuant to paragraph (b) in accordance with the method referred to in paragraph 15(3)(b).
SOR/93-231, s. 2(F).
For the purposes of section 9, the concentration of PCBs, 2,3,7,8-substituted PCDDs and 2,3,7,8-substituted PCDFs in solids shall be measured bytaking a representative sample of the solids released by the system every 15 minutes while samples of gases are being taken in accordance with the methods referred to in section 15;taking a representative sample of the mixture of all the samples taken pursuant to paragraph (a); andanalyzing the sample taken pursuant to paragraph (b) in accordance with the method referred to in paragraph 15(3)(b).(s. 10)TOXICITY FACTORS