Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations (SOR/2003-79)

Regulations are current to 2019-06-20 and last amended on 2018-02-02. Previous Versions

Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations

SOR/2003-79

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Registration 2003-02-27

Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations

P.C. 2003-262 2003-02-27

Whereas, pursuant to subsection 332(1) of the Canadian Environmental Protection Act, 1999Footnote a, the Minister of the Environment published in the Canada Gazette, Part I, on August 18, 2001, a copy of the proposed Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations, and persons were given an opportunity to file comments with respect to the Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection;

Whereas, pursuant to subsection 93(3) of the Canadian Environmental Protection Act, 1999Footnote a, 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, 1999Footnote a, 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, pursuant to subsection 93(1) of the Canadian Environmental Protection Act, 1999Footnote a, on the recommendation of the Minister of the Environment and the Minister of Health, hereby makes the annexed Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations.

Interpretation

 The definitions in this section apply in these Regulations.

refrigerated condenser

refrigerated condenser means a closed tetrachloroethylene vapour recovery system that uses mechanical refrigeration to cool the tetrachloroethylene vapour to a liquid for re-use in a dry-cleaning machine. (condenseur réfrigéré)

residue

residue means any solid, liquid or sludge waste containing tetrachloroethylene, other than waste water, that is produced at a dry-cleaning facility. (résidus)

spotting agent

spotting agent means a substance or mixture of substances that is applied directly to a stain for its removal from textile and apparel goods, rugs, furs, leathers and other similar articles. (agent détachant)

waste management facility

waste management facility means a facility that is authorized under applicable laws to handle, recycle or dispose of tetrachloroethylene, waste water and residue. (installation de gestion des déchets)

waste water

waste water means waste water containing tetrachloroethylene, that is produced by a dry-cleaning machine or during the regeneration of a carbon adsorber. (eaux résiduaires)

PART 1Tetrachloroethylene Used in Dry Cleaning

Application

  •  (1) This Part applies in respect of the use of tetrachloroethylene for the dry cleaning of textile and apparel goods, rugs, furs, leathers and other similar articles, except in the course of their manufacture.

  • (2) This Part does not apply in respect of the use of tetrachloroethylene in a textile mill.

Prohibitions

 No person shall use a spotting agent that contains tetrachloroethylene for commercial or institutional dry-cleaning purposes.

 No person shall use tetrachloroethylene for dry cleaning unless the tetrachloroethylene, waste water and residue are stored in closed containers at all times, except when access is required for operation or maintenance.

  • SOR/2011-216, s. 1(E)

 No person shall sell tetrachloroethylene to the owner or operator of a dry-cleaning machine or use tetrachloroethylene for dry cleaning unless the dry-cleaning machine

  • (a) uses the same drum for the washing, extraction, drying and aeration cycles;

  • (b) has an integral refrigerated condenser that recovers tetrachloroethylene vapour in the recirculated air from the drum of the machine;

  • (c) prevents tetrachloroethylene vapour in the drum from being vented into the atmosphere during the washing, extraction, drying and aeration cycles;

  • (d) has an integral tetrachloroethylene-water separator that recovers tetrachloroethylene from waste water;

  • (e) has a manufacturer’s design rating for tetrachloroethylene consumption equal to or less than 10 kg or 6.2 L of tetrachloroethylene per 1000 kg of clothing cleaned or, alternatively, was installed or in use prior to August 1, 2003; and

  • (f) is operated within a dry-cleaning facility that is equipped with

    • (i) a tetrachloroethylene-impermeable secondary containment system encompassing at least the entire surface under each dry-cleaning machine, tank or other container containing tetrachloroethylene, waste water or residue and capable of containing at least 110% of the capacity of the largest tank or container within the containment system, and

    • (ii) tetrachloroethylene-resistant drain plugs that are readily available to seal all floor drains into which tetrachloroethylene, waste water or residue may flow in the event of a spill.

  • SOR/2011-216, s. 2(F)

 [Repealed, SOR/2011-216, s. 3]

 Despite section 5, no person shall use tetrachloroethylene in a self-service dry-cleaning machine.

  • SOR/2011-216, s. 3

Waste Water and Residue

  •  (1) The owner or operator of a dry-cleaning machine shall have all waste water

    • (a) transported to a waste management facility no less than once every 12 months; or

    • (b) treated by the dry-cleaning machine’s or the carbon adsorber’s integral tetrachloroethylene-water separator and an on-site waste water treatment system that contains the following equipment:

      • (i) a second tetrachloroethylene-water separator that recovers tetrachloroethylene from the waste water exiting the integral tetrachloroethylene-water separator,

      • (ii) an initial filter containing activated carbon that removes the tetrachloroethylene from the waste water exiting the second tetrachloroethylene-water separator,

      • (iii) a monitor-alarm that automatically shuts down the waste water treatment system when the initial filter becomes saturated with tetrachloroethylene, and

      • (iv) a second filter containing activated carbon that removes tetrachloroethylene from the waste water after it passes through the initial filter and past the monitor-alarm.

  • (2) When having waste water transported pursuant to paragraph (1)(a), the owner or operator shall have transported all of the waste water that is within the dry-cleaning facility at the time of the transport that has not been treated by the waste water treatment system described in paragraph (1)(b).

  • SOR/2018-11, s. 16
  •  (1) The owner or operator of a dry-cleaning machine shall have all residue transported to a waste management facility no less than once every 12 months.

  • (2) When having residue transported pursuant to subsection (1), the owner or operator shall have transported all of the residue that is within the dry-cleaning facility at the time of the transport.

  • SOR/2011-216, s. 4(F)

Transfer Requirements

 No person shall transfer tetrachloroethylene into a dry-cleaning machine, tank or other container at a facility where a dry-cleaning machine is used unless a closed direct-coupled delivery system is used during the transfer process that prevents the release of tetrachloroethylene.

PART 2Tetrachloroethylene Reporting — Importation, Recycling, Sale and Use

 A person who, in a calendar year, imports tetrachloroethylene into Canada shall

  • (a) maintain books and records respecting the importation; and

  • (b) submit a report to the Minister, no later than April 30 of the following calendar year, in a form determined by the Minister and containing the information specified in Schedule 1.

  • SOR/2011-216, s. 5
  •  (1) A person who, in a calendar year, recycles tetrachloroethylene in Canada shall

    • (a) maintain books and records respecting the recycling activity; and

    • (b) submit a report to the Minister, no later than April 30 of the following calendar year, in a form determined by the Minister and containing the information specified in Schedule 2.

  • (2) For the purpose of subsection (1), recycle, with respect to tetrachloroethylene, means recover and clean and includes reclaiming but does not include recycling or reclaiming tetrachloroethylene in a dry-cleaning machine.

  • SOR/2011-216, s. 6

 A person who, in a calendar year, sells tetrachloroethylene to the owner or operator of a dry-cleaning machine shall

  • (a) maintain books and records respecting the sales; and

  • (b) submit a report to the Minister, no later than April 30 of the following calendar year, in a form determined by the Minister and containing the information specified in Schedule 3.

  • SOR/2011-216, s. 7

 The owner or operator of a dry-cleaning facility who, in a calendar year, uses tetrachloroethylene shall

  • (a) maintain books and records respecting the purchase of tetrachloroethylene for dry cleaning, the transport of waste water or residue to a waste management facility or the treatment of waste water under paragraph 8(1)(b); and

  • (b) submit to the Minister a separate report for each dry-cleaning facility, no later than April 30 of the following calendar year, in a form determined by the Minister and containing the information specified in Schedule 4.

  • SOR/2011-216, s. 8

 Any report submitted under this Part shall be signed and dated

  • (a) in the case of a corporation, by a person authorized to do so; and

  • (b) in any other case, by the person submitting the report or by a person authorized to act on behalf of that person.

 A person who is required under this Part to maintain books and records and to submit a report shall keep the books, records, a copy of the report and any documentation, including shipping records, supporting the information provided to the Minister, at the person’s principal place of business in Canada, or at the principal place of business in Canada of a representative of that person, for a period of five years after the end of the year in which the report is made.

Coming into Force

  •  (1) Subject to subsections (2) and (3), these Regulations come into force on the day on which they are registered.

  • (2) Paragraph 5(e) comes into force on August 1, 2003.

  • (3) Section 3, paragraphs 5(a) to (c) and (f), and sections 8 to 16 come into force on January 1, 2004.

SCHEDULE 1(Paragraph 11(b))Information on Importation of Tetrachloroethylene into Canada

  • 1 Information respecting importer:

    • (a) name, civic and postal addresses of principal place of business, e-mail address, if any, telephone number and fax number, if any

    • (b) name, title, civic and postal addresses, e-mail address, if any, telephone number and fax number, if any, of the person authorized to act on behalf of the importer

  • 2 Confidentiality

    Indicate if a request for confidentiality is being made under section 313 of the Canadian Environmental Protection Act, 1999 and the reason for the request.

  • 3 Information respecting the quantity of tetrachloroethylene imported during a calendar year:

    • (a) calendar year

    • (b) total quantity, in kilograms, imported

    • (c) total quantity, in kilograms, imported for own use in dry cleaning

    • (d) total quantity, in kilograms, imported for use in dry cleaning (including quantity imported for own use)

    • (e) total quantity, in kilograms, imported for use in degreasing

    • (f) total quantity, in kilograms, imported for use as chemical feedstock

    • (g) total quantity, in kilograms, imported for other uses (identify each other use)

SCHEDULE 2(Paragraph 12(1)(b))Information on Recycling of Tetrachloroethylene in Canada

  • 1 Information respecting recycler:

    • (a) name, civic and postal addresses of principal place of business, e-mail address, if any, telephone number and fax number, if any

    • (b) name, title, civic and postal addresses, e-mail address, if any, telephone number and fax number, if any, of the person authorized to act on behalf of the recycler

  • 2 Confidentiality

    Indicate if a request for confidentiality is being made under section 313 of the Canadian Environmental Protection Act, 1999 and the reason for the request.

  • 3 Information respecting the quantity of tetrachloroethylene recycled during a calendar year:

    • (a) calendar year

    • (b) total quantity, in kilograms, recycled

    • (c) total quantity, in kilograms, recycled for re-use in dry cleaning

    • (d) total quantity, in kilograms, recycled for re-use in degreasing

    • (e) total quantity, in kilograms, recycled for other uses (identify each other use)

SCHEDULE 3(Paragraph 13(b))Information on Tetrachloroethylene Sold for Use in Dry Cleaning

  • 1 Information respecting seller:

    • (a) name, civic and postal addresses of principal place of business, e-mail address, if any, telephone number and fax number, if any

    • (b) name, title, civic and postal addresses, e-mail address, if any, telephone number and fax number, if any, of the person authorized to act on behalf of the seller

  • 2 Confidentiality

    Indicate if a request for confidentiality is being made under section 313 of the Canadian Environmental Protection Act, 1999 and the reason for the request.

  • 3 Information respecting sales during a calendar year:

    • (a) calendar year

    • (b) total quantity, in kilograms, of virgin tetrachloroethylene sold to dry-cleaning facilities

    • (c) total quantity, in kilograms, of recycled tetrachloroethylene sold to dry-cleaning facilities

    • (d) for each dry-cleaning facility:

      • (i) name, civic and postal addresses of the owner or operator of the facility

      • (ii) for each sale, the quantity, in kilograms, of virgin tetrachloroethylene sold and the date of the sale

      • (iii) for each sale, the quantity, in kilograms, of recycled tetrachloroethylene sold and the date of the sale

SCHEDULE 4(Paragraph 14(b))Information Related to the Purchase of Tetrachloroethylene for Dry-Cleaning, the Transport of Waste Water and Residue and the Treatment of Waste Water

  • 1 Information respecting owner or operator of a dry-cleaning machine:

    • (a) name, civic and postal addresses of principal place of business, e-mail address, if any, telephone number and fax number, if any

    • (b) name, title, civic and postal addresses, e-mail address, if any, telephone number and fax number, if any, of the person authorized to act on behalf of the owner or operator

  • 2 Confidentiality

    Indicate if a request for confidentiality is being made under section 313 of the Canadian Environmental Protection Act, 1999 and the reason for the request.

  • 3 Information respecting dry-cleaning machines

    The following information must be given for each machine:

    • (a) make, model, serial number and cleaning capacity of the machine

    • (b) indicate whether the machine is equipped with an integral refrigerated condenser

    • (c) indicate whether the waste water treatment system described in paragraph 8(1)(b) of these Regulations was used for the treatment of waste water produced by the machine

    • (d) [Repealed, SOR/2011-216, s. 9]

    • (e) indicate whether the machine was installed or in use prior to August 1, 2003

  • 4 Information respecting purchase of tetrachloroethylene and transport of waste water and residue during a calendar year:

    • (a) calendar year

    • (b) for each purchase, the quantity, in kilograms, of tetrachloroethylene purchased and the date of the purchase

    • (c) for each transport, the quantity, in kilograms or litres, of waste water transported to a waste management facility and the date of the transport

    • (d) for each transport, the quantity, in kilograms or litres, of residue transported to a waste management facility and the date of the transport

    • (e) for each transport, the quantity, in kilograms or litres, of waste water and residue mixed together transported to a waste management facility and the date of the transport

    • (f) name, civic and postal addresses and telephone number of each person that transported waste water, residue or waste water and residue mixed together from each dry-cleaning facility and the date of each transport

    • (g) name, civic and postal addresses and telephone number of each waste management facility to which waste water, residue or waste water and residue mixed together was transported

  • SOR/2011-216, ss. 9, 10
Date modified: