Pulp and Paper Effluent Regulations (SOR/92-269)

Interpretation

• 1 The following definitions apply in this Schedule.

  effect on fish tissue

  effect on fish tissue means that the concentration of chlorinated dioxins and furans, expressed as toxic equivalents of 2,3,7,8-tetrachlorodibenzo-para-dioxin, exceeds 15 pg/g wet weight in muscle or 30 pg/g wet weight in liver or hepatopancreas in fish taken in the exposure area. (effet sur les tissus de poissons)

  effect on the benthic invertebrate community

  effect on the benthic invertebrate community means a statistical difference between data referred to in subparagraph 11(a)(ii) from a study respecting the benthic invertebrate community conducted in

  • (a) an exposure area and a reference area; or

  • (b) sampling areas within an exposure area where there are gradually decreasing effluent concentrations. (effet sur la communauté d’invertébrés benthiques)

  effect on the fish population

  effect on the fish population means a statistical difference between data relating to the indicators referred to in subparagraph 11(a)(i) from a study respecting fish population conducted in

  • (a) an exposure area and a reference area; or

  • (b) sampling areas within an exposure area where there are gradually decreasing effluent concentrations. (effet sur la population de poissons)

  exposure area

  exposure area means all fish habitat and waters frequented by fish that are exposed to effluent. (zone exposée)

  fish

  fish means fish as defined in section 2 of the Fisheries Act, but does not include parts of fish, parts of shellfish, parts of crustaceans or parts of marine animals. (poissons)

  reference area

  reference area means water frequented by fish that is not exposed to effluent and that has fish habitat that, as far as practicable, is most similar to that of the exposure area. (zone de référence)

  sampling area

  sampling area means the area within a reference or exposure area where representative samples are collected. (zone d’échantillonnage)

Sublethal Toxicity Testing

• • 2 (1) Sublethal toxicity testing shall be conducted by following the applicable methods referred to in subsections (2) and (3) and by recording the results for an invertebrate species and an algal species.

  • (2) In the case of effluent that is deposited into fresh waters, sublethal toxicity tests shall be conducted by using the following test methodologies, as amended from time to time, as applicable to each species:

    • (a) [Repealed, SOR/2008-239, s. 11]

    • (b) in the case of an invertebrate species, Biological Test Method: Test of Reproduction and Survival Using the Cladoceran Ceriodaphnia dubia (Report EPS 1/RM/21 Second Edition), February 2007, published by the federal Department of the Environment; and

    • (c) in the case of an algal species,

      • (i) Biological Test Method: Growth Inhibition Test Using a Freshwater Alga (Report EPS 1/RM/25 Second Edition), March 2007, published by the federal Department of the Environment, or

      • (ii) Détermination de l’inhibition de la croissance chez l’algue Selenastrum capricornutum (Reference Method MA 500-S. cap.2.0), September 1997, published by the Centre d’expertise en analyse environnementale du Québec.

  • (3) In the case of effluent that is deposited into marine or estuarine waters, sublethal toxicity tests shall be conducted by using the following test methodologies, as amended from time to time, as applicable to each species:

    • (a) in the case of an invertebrate species, Biological Test Method: Fertilization Assay Using Echinoids (Sea Urchins and Sand Dollars) (Report EPS 1/RM/27), December 1992, published by the federal Department of the Environment; and

    • (b) in the case of algal species, one of the following test methodologies, as applicable, namely,

      • (i) Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Marine and Estuarine Organisms (Third Edition) (Reference Method EPA/821/R/02–014), October 2002, published by the U.S. Environmental Protection Agency, or

      • (ii) Short-term Methods for Estimating the Chronic Toxicity of Effluent and Receiving Waters to West Coast Marine and Estuarine Organisms (First Edition) (Reference Method EPA/600/R-95-136), August 1995, published by the U.S. Environmental Protection Agency.

Biological Monitoring Studies

• 3 Biological monitoring studies consist of

  • (a) a study respecting the fish population, if the concentration of effluent in the exposure area is greater than 1% in the area located within 250 m of a point of deposit of the effluent in water;

  • (b) a study respecting fish tissue if

    • (i) since the submission of the most recent interpretive report, the effluent contained a measurable concentration of 2,3,7,8-TCDD or of 2,3,7,8-TCDF, within the meaning of the Pulp and Paper Mill Effluent Chlorinated Dioxins and Furans Regulations, or

    • (ii) an effect on fish tissue was reported in the most recent interpretive report; and

  • (c) a study respecting the benthic invertebrate community, if the concentration of effluent in the exposure area is greater than 1% in the area located within 100 m of a point of deposit of the effluent in water.

Study Design

• • 4 (1) At least six months before the commencement of sampling for biological monitoring studies, a study design shall be submitted to the authorization officer that, subject to subsections (2) to (4), consists of

    • (a) the site characterization referred to in section 5;

    • (b) if a study respecting fish population is required under paragraph 3(a), a description of how the study will be conducted, that includes

      • (i) the information referred to in paragraphs 6(a) to (d), and

      • (ii) how the study will determine whether the effluent has an effect on the fish population;

    • (c) if a study respecting fish tissue is required under paragraph 3(b), a description of how the study will be conducted that includes

      • (i) the information referred to in paragraphs 6(a) to (d), and

      • (ii) how the study will determine whether the effluent has an effect on fish tissue;

    • (d) if the study referred to in paragraph 3(c) respecting the benthic invertebrate community is required, a description of how the study will be conducted, that includes

      • (i) the information referred to in paragraphs 7(a) to (d), and

      • (ii) how the study will determine whether the effluent has an effect on the benthic invertebrate community;

    • (e) the dates when any samples will be collected;

    • (f) a description of the quality assurance and quality control measures that will be implemented to ensure the validity of the data that is collected;

    • (g) a summary of the results of any previous biological monitoring studies that were conducted respecting the fish population, fish tissue or the benthic invertebrate community; and

    • (h) if the two most recent interpretive reports indicate the same effect on the fish population, on fish tissue or on the benthic invertebrate community, a description of the magnitude and geographical extent of the effect.

  • (2) If the most recent interpretive report indicates the magnitude and geographical extent of an effect on the fish population, on fish tissue or on the benthic invertebrate community, or that the cause of the effect has not been identified, the study design shall consist of the following:

    • (a) the summary of results referred to in paragraph (1)(g); and

    • (b) a detailed description of the field and laboratory studies that will be used to determine the cause of the effect.

  • (3) If the most recent interpretive report indicates the cause of the effect on the fish population, on fish tissue or on the benthic invertebrate community, or that the solutions have not been identified, the study design shall consist of a detailed description of the studies that will be used to identify the possible solutions to eliminate the effect.

  • (4) If the most recent interpretive report indicates the solutions to eliminate the effect, the study design shall consist of the information referred to in subsection (1).

• • 5 (1) The site characterization consists of

    • (a) a description of the manner in which the effluent mixes within the exposure area, including an estimate of the concentration of effluent in water at 100 m and 250 m, respectively, from each point of deposit of the effluent in water;

    • (b) a description of the reference and exposure areas where the biological monitoring studies will be conducted that includes a mapped description of the sampling areas and information on the geological, hydrological, oceanographical, limnological, chemical and biological features of those areas;

    • (c) a description of any anthropogenic, natural or other factors that are not related to the effluent under study and that may reasonably be expected to contribute to any observed effect;

    • (d) the type of production process and treatment system used by the mill; and

    • (e) any additional information relevant to the site characterization.

  • (2) If the information described in subsection (1) was submitted in a previous study design, it may be submitted in summary format, but it shall include a detailed description of any changes to that information since the submission of the most recent study design.

• 6 The information respecting the fish population and fish tissue studies shall include a description of and the scientific rationale for

  • (a) the fish species selected, taking into account the abundance of the species most exposed to effluent;

  • (b) the sampling areas selected;

  • (c) the sample size selected; and

  • (d) the field and laboratory methodologies selected.

• 7 The information respecting the benthic invertebrate community studies shall include a description of and the scientific rationale for

  • (a) the sampling areas selected, taking into account the benthic invertebrate diversity and the area most exposed to effluent;

  • (b) the sample size selected;

  • (c) the sampling period selected; and

  • (d) the field and laboratory methodologies selected.

Conducting Biological Monitoring Studies

• • 8 (1) Subject to subsection (2), the biological monitoring studies shall be conducted in accordance with the study design submitted under section 4.

  • (2) If it is impossible to follow the study design because of unusual circumstances, the owner or operator of a mill may deviate from the study design but shall inform the authorization officer without delay of those circumstances and of how the study was or will be conducted.

• 9 When studies respecting fish population or the benthic invertebrate community are conducted, water samples shall be collected from the sampling areas selected under paragraphs 6(b) and 7(a), and the following information shall be recorded:

  • (a) water temperature;

  • (b) depth;

  • (c) concentration of dissolved oxygen;

  • (d) in the case of effluent that is deposited into fresh water, pH levels, electrical conductivity, hardness, total phosphorus, total nitrogen and total organic carbon; and

  • (e) in the case of effluent that is deposited into marine or estuarine waters, salinity.

• 10 When studies respecting the benthic invertebrate community are conducted, sediment samples shall be collected from the sampling areas selected under paragraph 7(a), and the following information shall be recorded:

  • (a) particle size distribution and total organic carbon; and

  • (b) in the case of effluent that is deposited into marine or estuarine waters, the ratio of carbon to nitrogen, redox potential (Eh) and sulphides.

Assessment of Data Collected from Studies

• 11 The data collected during the biological monitoring studies shall be used

  • (a) to calculate the mean, the standard deviation, the standard error and the minimum and maximum values in the sampling areas for

    • (i) in the case of a study respecting the fish population, and if it is possible to obtain data to establish the following indicators — indicators of growth, reproduction, condition and survival that include the length, total body weight and age of the fish, the weight of its liver or hepatopancreas and, if the fish are sexually mature, the egg weight, fecundity and gonad weight of the fish, and

    • (ii) in the case of a study respecting the benthic invertebrate community — the total benthic invertebrate density, the evenness index, the taxa richness and the similarity index;

  • (b) to identify the sex of the fish sampled and the presence of any lesions, tumours, parasites or other abnormalities;

  • (c) to conduct an analysis of the results of the calculations under paragraph (a) and information identified under paragraph (b) to determine if there is a statistical difference between the sampling areas;

  • (d) to conduct a statistical analysis of the results of the calculations under paragraph (a) to determine the probability of correctly detecting an effect of a pre-defined size and the degree of confidence that can be placed in the calculations; and

  • (e) to calculate the concentration of chlorinated dioxins and furans in fish tissue taken from the exposure area, which concentration is expressed as toxic equivalents of 2,3,7,8-tetrachlorodibenzo-para-dioxin.

Interpretive Report

• • 12 (1) After biological monitoring studies are conducted in accordance with sections 8 to 10, an interpretive report shall be prepared that, subject to subsections (2) and (2.1), contains the following information:

    • (a) a description of any deviation from the study design that occurred while the biological monitoring studies were being conducted and any impact that the deviation had on the studies;

    • (b) the latitude and longitude of sampling areas in degrees, minutes and seconds and a description of the sampling areas sufficient to identify their location;

    • (c) the dates and times when samples were collected;

    • (d) the sample sizes;

    • (e) the results of the data assessment made under section 11 and any supporting raw data;

    • (f) based on the results referred to in paragraph (e), the identification of any effect on

      • (i) the fish population,

      • (ii) fish tissue, and

      • (iii) the benthic invertebrate community;

    • (g) if the study design contains the information described in paragraph 4(1)(h), the magnitude and geographical extent of the effect on fish population, fish tissue or the benthic invertebrate community;

    • (h) the information referred to in sections 9 and 10;

    • (i) a description of any complaint within the three preceding years to the owner or operator of a mill about fish flavour or odour;

    • (j) the conclusions of the biological monitoring studies, based on the results of the statistical analysis conducted under paragraph 11(c), taking into account any of the following factors that may have affected those results:

      • (i) the results of any previous biological monitoring studies,

      • (ii) the presence of anthropogenic, natural or other factors that are not related to the effluent under study and that may reasonably be expected to contribute to any observed effect,

      • (iii) any quality assurance or quality control results that may interfere with the reliability of the conclusions, and

      • (iv) the exposure to effluent of the fish that were sampled;

    • (k) a description of the impact of the results on the study design for subsequent biological monitoring studies; and

    • (l) the date of the next biological monitoring studies.

  • (2) If a study design is submitted under subsection 4(2), the interpretive report shall consist of only the cause of the effect on fish population, fish tissue or the benthic invertebrate community, and any supporting raw data and, if the cause was not determined, an explanation of why and a description of any steps that need to be taken in the next study to determine that cause.

  • (2.1) If a study design is submitted under subsection 4(3), the interpretive report shall consist of only the studies that were used to identify possible solutions to eliminate the effect and the results of those solutions and, if no solutions were identified, an explanation of the reasons why and a description of any steps that need to be taken in the next study to identify the solutions.

  • (3) For the purposes of paragraph (1)(f), if a study on the fish population, on fish tissue or on the benthic invertebrate community is not required to be conducted under these Regulations, the effluent is considered to have no effect on the fish population, on fish tissue or on the benthic invertebrate community, respectively.