Chlor-Alkali Mercury Release Regulations (SOR/90-130)

Regulations are current to 2014-09-01

Chlor-Alkali Mercury Release Regulations

SOR/90-130

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Registration 1990-02-15

Regulations Respecting the Release Into the Ambient Air of Mercury from Mercury Cell Chlor-Alkali Plants

P.C. 1990-242 1990-02-15

Whereas, in the opinion of the Governor in Council, pursuant to subsection 34(3) of the Canadian Environmental Protection ActFootnote *, the annexed regulation does not regulate an aspect of a substance that is regulated by or under any other Act of Parliament;

Therefore, His 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 subsection 34(1)Footnote ** of the Canadian Environmental Protection Act*, is pleased hereby to revoke the Chlor-Alkali Mercury National Emission Standards Regulations, C.R.C., c. 406, and to make the annexed Regulations respecting the release into the ambient air of mercury from mercury cell chlor-alkali plants, in substitution therefor.

SHORT TITLE

 These Regulations may be cited as the Chlor-Alkali Mercury Release Regulations.

INTERPRETATION

 In these Regulations,

“alkali metal amalgam”

“alkali metal amalgam” means a combination of sodium metal or potassium metal and mercury; (amalgame de métal alcalin)

“ambient air”

“ambient air” means the atmosphere surrounding the earth but does not include the atmosphere within a structure or within any underground space; (air ambiant)

“brine”

“brine” means a solution of sodium chloride or potassium chloride in water; (saumure)

“cell room”

“cell room” means, in respect of

  • (a) a structure housing one or more mercury cells, the structure, and

  • (b) mercury cells not housed in a structure, the mercury cells; (salle d’électrolyse)

“denuder”

“denuder” means a horizontal or vertical container that is part of a mercury cell and in which water and alkali metal amalgam are converted to alkali metal hydroxide, metallic mercury and hydrogen gas in a short-circuited electrolytic reaction; (décomposeur)

“end box”

“end box” means a container located on an end of a mercury cell that functions as a collection point for mercury, alkali metal amalgam and brine; (collecteur)

“mercury cell”

“mercury cell” means any device utilizing mercury as a cathode; (électrolyseur au mercure)

“normal cubic metre”

“normal cubic metre” or “norm. m3 means, in respect of a gas, the quantity of gas that occupies a volume of one cubic metre at 25°C and at a pressure of 760 mm of mercury; (mètre cube normal ou m3 norm.)

“plant”

“plant” means any facility, located at an industrial site, designed or operated for the production of chlorine and alkali metal hydroxides by means of any industrial process involving the electrolysis of brine using one or more mercury cells, and includes any ancillary equipment that is used for the further concentration of the alkali metal hydroxide produced and any properties used for the operation of the facility; (fabrique)

“rated capacity”

“rated capacity” means the amount of chlorine that a plant is designed to produce each day; (production nominale)

“retort”

“retort” means any equipment used to recover mercury from mercury contaminated waste; (récupérateur)

“tank”

“tank” means a container for any liquid or sludge required in or resulting from the operation of a plant. (réservoir)

RELEASE OF MERCURY

  •  (1) The quantity of mercury that the owner or operator of a plant may release into the ambient air from that plant shall not exceed

    • (a) 5 grams per day per 1,000 kilograms of rated capacity, where the source of the mercury is the ventilation gases exhausted from cell rooms;

    • (b) 0.1 gram per day per 1,000 kilograms of rated capacity, where the source of the mercury is the hydrogen gas stream originating from denuders;

    • (c) 0.1 gram per day per 1,000 kilograms of rated capacity, where the source of the mercury is the ventilation gases exhausted from end boxes; and

    • (d) 0.1 gram per day per 1,000 kilograms of rated capacity, where the source of the mercury is the gases exhausted from retorts.

  • (2) No mercury shall be released directly into the ambient air from a tank.

  • (3) Notwithstanding subsection (1), the total amount of mercury that the owner or operator of a plant may release into the ambient air from the sources specified in subsection (1) shall not exceed 1.68 kilograms per day.

  • (4) Measurements shall be taken of the amount of mercury released into the ambient air per day from sources specified in subsection (1) by taking the arithmetical average of not less than three measurements conducted for each source in the same day in accordance with the appropriate method, or any other method the results of which can be confirmed by the appropriate method, described in Standard Reference Methods for Source Testing: Measurement of Emissions of Mercury from Mercury Cell Chlor-Alkali Plants, Department of the Environment Report EPS 1-AP-76-1 dated November 1976, as amended from time to time.

  • (5) Each measurement of mercury released shall be conducted under normal operating conditions and the minimum continuous sampling duration shall be

    • (a) two hours in respect of cell rooms; and

    • (b) one hour in respect of all other sources specified in subsection (1).

  • SOR/93-231, s. 2;
  • SOR/94-364, s. 2.

INFORMATION AND SAMPLES

 The Minister may request the owner or operator of a plant to submit to the Minister information and samples respecting the operation of the plant or the malfunction or breakdown of its air pollution control equipment or process equipment.

  • SOR/93-231, s. 2(E).

RELEASE MEASUREMENT REPORT

  •  (1) Where, pursuant to section 4, the Minister requests information respecting the operation of a plant, the owner or operator of the plant shall submit to the Minister the information required by the Release Measurement Report set out in Schedule I.

  • (2) The report referred to in subsection (1) shall be in respect of measurements conducted in accordance with subsections 3(4) and (5) for the appropriate sources at the plant under normal operating conditions during the sixty days preceding the date on which the report is required to be submitted to the Minister pursuant to subsection (3).

  • (3) The report referred to in subsection (1) shall be submitted to the Minister at regular intervals of not more than three months commencing three months after the request is made by the Minister.

  • (4) The measurements referred to in subsection (2) shall, at least once per year, be conducted in the presence of an enforcement officer.

  • SOR/94-364, s. 2;
  • SOR/2000-102, s. 1.

MALFUNCTION OR BREAKDOWN REPORT

 Where, pursuant to section 4, the Minister requests information respecting a malfunction or breakdown in the air pollution control equipment or the process equipment, the owner or operator of the plant shall, commencing two months after the request is made by the Minister, submit to the Minister, for any month in which a malfunction or breakdown occurs, the information required by the Malfunction or Breakdown Report set out in Schedule II.

AIR POLLUTION CONTROL EQUIPMENT REPORT

 Where, pursuant to section 4, the Minister requests information respecting air pollution control equipment at a plant, the owner or operator of the plant shall submit to the Minister, for each source referred to in subsection 3(1), a duly completed Air Pollution Control Equipment Report as set out in Schedule III within two months after the request is made by the Minister, and at such times thereafter as any change occurs in respect of the air pollution control equipment.

  • SOR/93-231, s. 2(E).

SIGNING OF REPORTS

 Any report submitted under section 5, 6 or 7 by a corporation shall be signed by an officer authorized by the corporation to sign the report on its behalf.

  • SOR/93-231, s. 2(F).

SUBMISSION OF SAMPLES AND RELATED INFORMATION

  •  (1) Where, pursuant to section 4, the Minister requests samples of gas streams released into the ambient air from a plant and such related information as will enable the Minister to cause an analysis to be made of the amount of mercury contained in those gas streams, the owner or operator of the plant shall obtain the samples at regular three month intervals, in accordance with the appropriate method described in Standard Reference Methods for Source Testing: Measurement of Emissions of Mercury from Mercury Cell Chlor-Alkali Plants, Department of Fisheries and the Environment Report EPS-1-AP-76-1 dated November 1976, as amended from time to time, and shall forthwith submit the samples and related information to the Minister.

  • (2) For the purposes of subsection (1), at the request of the Minister, the samples shall be taken in the presence of an enforcement officer.

  • SOR/2000-102, s. 1.

SCHEDULE I(Section 5)RELEASE MEASUREMENT REPORT

Name of Owner or Operator

Address of Plant

Telephone Number (Plant)

Rated Capacity

Source Tested

Measurement Method

Date of Measurement

Results: (Detailed data and calculations to be appended)

Measurement Number123456
Average gas flow over the duration of measurement (norm. m3/min)
Average mercury concentration over the duration of measurement (ug/norm. m3)
Calculated mercury release rate (g/day/1,000 kg of rated capacity)

Average of Measurements

(Signature)
(Title)
(Date)
(Signature of attending Enforcement Officer) (if applicable)
(Date)
  • SOR/93-231, s. 2(E);
  • SOR/2000-102, s. 1.

SCHEDULE II(Section 6)MALFUNCTION OR BREAKDOWN REPORT

During the month of 19

Name of Owner or Operator

Address of Plant

Telephone Number (Plant)

Rated Capacity

Unit or Process

Date of Malfunction or Breakdown

Time

Duration (min)

Nature of Malfunction or Breakdown

Corrective Action Taken

Estimated mercury release during malfunction or breakdown (g)

(Signature)
(Title)
(Date)
  • SOR/93-231, s. 2(E).

SCHEDULE III(Section 7)AIR POLLUTION CONTROL EQUIPMENT REPORT

Name of Owner or Operator

Address of Plant

Telephone Number (Plant)

Unit or Process

Type of Air Pollution Control Equipment

Supplier of Air Pollution Control Equipment

Schedule of Installation

Engineering Design Initiated (date)

Air Pollution Control Equipment Ordered (date)

Installation of Air Pollution Control Equipment Initiated (date)

Installation of Air Pollution Control Equipment Completed (date)

Start-up of Air Pollution Control Equipment (date)

(Attach copy of control equipment specifications and purchase order when order is placed or amended.)

(Signature)
(Title)
(Date)
  • SOR/93-231, s. 2(E).