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Asbestos Mines and Mills Release Regulations (SOR/90-341)

Regulations are current to 2024-10-30

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;

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.

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 normal or cm3 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 a nd at a pressure of 760 mm of mercury; (mètre cube normal or cm3 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

Asbestos Releases During Malfunction or Breakdown

4 Notwithstanding section 3, the concentration of asbestos fibres referred to in paragraph 3(1)(a) or (b) may, in the event of a malfunction or breakdown in the air pollution control equipment or the process equipment associated with the operations or storage referred to in that paragraph, be exceeded for not more than

  • (a) 30 minutes, in the case of a single malfunction or breakdown;

  • (b) a total of one hour per month, in the case of crushing or milling operations or dry rock storage; and

  • (c) a total of two hours per month, in the case of drying operations.

Information and Samples

5 The Minister may request the owner or operator of a mine or mill to submit to the Minister

  • (a) information and samples respecting the operation of the mine or mill;

  • (b) information respecting the malfunction or breakdown of the air pollution control equipment or process equipment of the mine or mill; or

  • (c) information respecting the air pollution control equipment of the mine or mill.

Mine or Mill Operations Reports

  • 6 (1) Where, pursuant to paragraph 5(a), the Minister requests information respecting the operation of a mine or mill, the owner or operator of the mine or mill shall submit to the Minister the information required by the Mine or Mill Release Measurement Report set out in Schedule I.

  • (2) The report referred to in subsection (1) shall be submitted in respect of samples taken from the appropriate sources at the mine or mill during the 60 days immediately preceding the date on which the information is required to be submitted to the Minister pursuant to subsection (3).

  • (3) The report referred to in subsection (1) shall be submitted at intervals of

    • (a) six months, in respect of milling operations, and

    • (b) 12 months, in respect of crushing and drying operations, dry rock storage and primary dry drilling,

    such intervals to commence three months after the request is made by the Minister.

  • (4) For the purposes of this section, samples shall be taken in accordance with the applicable method described in subsections 3(2) to (6).

  • (5) For the purposes of this section, and at the request of the Minister, the samples shall be taken in the presence of an enforcement officer.

  • SOR/2000-102, s. 2

Submission of Samples and Related Information

  • 7 (1) Where, pursuant to section 5, the Minister requests samples of gas streams released into the ambient air from a mine or mill and such related information as will enable the Minister to cause analyses to be made of the concentration of asbestos fibres in the gas streams, the owner or operator of the mine or mill shall obtain the samples at regular six month intervals in accordance with the appropriate method described in Standard Reference Methods for Source Testing: Measurement 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 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 obtained in the presence of an enforcement officer.

  • SOR/2000-102, s. 2

Malfunction or Breakdown Reports

8 Where, pursuant to paragraph 5(b), the Minister requests information respecting the malfunction or breakdown of air pollution control equipment or process equipment, the owner or operator of the mine or mill shall, not later than 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 Reports

9 Where, pursuant to paragraph 5(c), the Minister requests information respecting air pollution control equipment at a mine or mill, the owner or operator of the mine or mill shall submit to the Minister, for each operation referred to in paragraphs 3(1)(a) to (c), the information required by the Air Pollution Control Equipment Report set out in Schedule III, not later than 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.

Signing of Reports

10 Any report submitted under section 6, 8 or 9, by a corporation shall be signed by an officer of the corporation authorized to sign the report on its behalf.

  • SOR/93-231, s. 2(F)

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