Asbestos Mines and Mills Release Regulations (SOR/90-341)
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Regulations are current to 2012-05-14
Asbestos Mines and Mills Release Regulations
SOR/90-341
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Registration 1990-06-14
Regulations Respecting the Release into the Ambient Air of Asbestos from Asbestos Mines and Mills
P.C. 1990-1111 1990-06-14
Whereas, pursuant to subsection 48(1) of the Canadian Environmental Protection ActFootnote *, the Minister of the Environment published in the Canada Gazette Part I on April 29, 1989 a copy of the proposed Regulations respecting the release into the ambient air of asbestos from asbestos mills and mines, substantially in the form annexed hereto;
Return to footnote *R.S., c. 16 (4th Supp.)
And Whereas, in the opinion of the Governor in Council, pursuant to subsection 34(3) of that Act, the annexed Regulations do 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, pursuant to subsection 34(1)Footnote ** of the Canadian Environmental Protection ActFootnote *, 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 provided an opportunity to render its advice under section 6 of the Act, is pleased hereby to revoke the Asbestos Mining and Milling National Emission Standards Regulations, C.R.C., c. 405, and to make the annexed Regulations respecting the release into the ambient air of asbestos from asbestos mines and mills, in substitution therefor.
Return to footnote **S.C. 1989, c. 9, s. 2
SHORT TITLE
1. These Regulations may be cited as the Asbestos Mines and Mills Release Regulations.
INTERPRETATION
2. In these Regulations,
- “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)
- “asbestos fibre”
“asbestos fibre” means a fibre of asbestos with a length of more than five microns and a ratio of length to breadth of three or more to one; (fibre d’amiante)
- “dry”
“dry” means a condition that does not include uncombined water; (à sec)
- “mine or mill”
“mine or mill” means an asbestos mine or mill; (mine ou usine)
- “normal cubic centimetre”
“normal cubic centimetre” or “norm. cm3” means, in respect of a gas, the quantity of the gas that occupies a volume of one cubic centimetre at 25°C and at a pressure of 760 mm of mercury; (centimètre cube normalorcm3 norm.)
- “normal cubic metre”
“normal cubic metre” or “norm. m3” means, in respect of a gas, the quantity of the gas that occupies a volume of one cubic metre at 25°C and at a pressure of 760 mm of mercury; (mètre cube normalorcm3 norm.)
- “qualified person”
“qualified person” means a person who because of his or her knowledge, training and experience is qualified to count asbestos fibres for the purposes of paragraphs 3(4)(c), (5)(b) and (6)(c); (personne qualifiée)
- “undiluted”
“undiluted” means a condition that does not include air or other gases in excess of the quantity necessary for the processing requirements at a mine or mill. (non dilué)
RELEASE OF ASBESTOS FIBRES
3. (1) The concentration of asbestos fibres contained in any gases that the owner or operator of a mine or mill may release into the ambient air from
(a) crushing, drying or milling operations,
(b) dry rock storage, or
(c) primary dry drilling operations in an open pit
at that mine or mill, shall not exceed two asbestos fibres per normal cubic centimetre of the gases.
(2) The concentration of asbestos fibres referred to in paragraph (1)(a) or (b) shall be measured dry and undiluted, under normal operating conditions, in accordance with the applicable method described in Standard Reference Methods for Source Testing: Measurements of Emissions of Asbestos from Mining and Milling Operations; Department of Fisheries and Environment Report EPS-1-AP-75-1 dated December 1976, as amended from time to time.
(3) The concentration of asbestos fibres referred to in paragraph (1)(c) shall be measured dry and undiluted, under normal operating conditions, in accordance with the method described in Standard Reference Methods for Source Testing: Measurement of Emissions of Asbestos from Asbestos Mining and Milling Operations Method S-3 Sampling of Drill Baghouse Exhaust Emissions, Department of Fisheries and the Environment Canada Report EPS-1-AP-75-1A dated March 1978, as amended from time to time.
(4) Where Method S.1 described in the Report referred to in subsection (2) is used,
(a) three release measurements shall be made;
(b) each release measurement shall be made during a minimum continuous process operational period of 30 minutes;
(c) the asbestos fibres on each filter shall be counted by two qualified persons, one counting the odd numbered sectors and the other counting the even numbered sectors;
(d) each release measurement shall be determined by taking the arithmetic average of the two sets of fibre counts conducted in accordance with paragraph (c); and
(e) the concentration of asbestos fibres contained in gases released into the ambient air shall be the arithmetic average of the three measurements conducted in accordance with paragraphs (a) to (d).
(5) Where Method S.2 described in the Report referred to in subsection (2) is used,
(a) one release measurement shall be made;
(b) the asbestos fibres on each filter shall be counted by two qualified persons, one counting the odd numbered sectors and the other counting the even numbered sectors; and
(c) the release measurement shall be determined by taking the arithmetic average of the two sets of fibre counts conducted in accordance with paragraph (b).
(6) Where Method S.3 described in the Report referred to in subsection (3) is used,
(a) three release measurements shall be made;
(b) each release measurement shall be made during a period of continuous active drilling;
(c) the asbestos fibres on each filter shall be counted by two qualified persons, one counting the odd numbered sectors and the other counting the even numbered sectors;
(d) each release measurement shall be determined by taking the arithmetic average of the two sets of fibre counts conducted in accordance with paragraph (c); and
(e) the concentration of asbestos fibres contained in gases released into the ambient air shall be the arithmetic average of the three measurements conducted in accordance with paragraphs (a) to (d).
- SOR/93-231, s. 2;
- SOR/94-364, s. 2.