Vol. 134, No. 27 — July 1, 2000

GOVERNMENT NOTICES

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Conditions for the Manufacture or Importation of a Substance New to Canada that Is Suspected of Being Toxic

Notice is hereby given, pursuant to subsection 84(5) of the Canadian Environmental Protection Act, 1999 (The Act), that the Ministers of Health and of the Environment have assessed information pertaining to a substance suspected of being "toxic," as defined under section 64 of the Act.

The Minister of the Environment is hereby pleased to impose, pursuant to paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999, conditions on the manufacture and import of this substance.

1,2-Benzenedicarboxylic acid, 3,4,5,6-tetrabromo-, bis(2-ethyl- hexyl) ester, CAS Registry Number 26040-51-7. The notifier may import the notified substance in amounts exceeding 5 000 kg per year and exceeding an accumulated total of 25 000 kg after the assessment period expires on June 7, 2000, only in circumstances where the notifier complies with the following terms:

Importation Restriction

1. The notified substance shall be imported only when encapsulated in plastic as a pellet or flake.

Record Keeping Requirements

2.(1) The notifier shall maintain electronic or paper records, with any documentation supporting the validity of the information contained in these records, indicating the quantities of the notified substance being imported and used.

2.(2) The notifier shall maintain the records made in subsection 2(1) at the notifier's Canadian headquarters for a period of at least five years after they are made.

Information Requirements

3. Should the notifier intend to manufacture the notified substance, the notifier shall inform the Minister of the Environment, in writing, at least 30 days prior to the beginning of manufacturing.

J. A. BUCCINI
Director
Commercial Chemicals
Evaluation Branch

On behalf of the Minister of the Environment

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DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice is hereby given that, pursuant to the provisions of Part 7, Division 3, of the Canadian Environmental Protection Act, 1999, Permit No. 4543-03251 is approved.

1. Permittee: Westcoast Cellufibre Ltd., Vancouver, British Columbia.

2. Type of Permit: To load or dispose of dredged material.

3. Term of Permit: Permit is valid from August 1, 2000, to July 31, 2001.

4. Loading Site(s): Westcoast Cellufibre, Vancouver, British Columbia, at approximately 49°12.32' N, 123°06.50' W.

5. Disposal Site(s): Point Grey Disposal Site: 49°15.40' N, 123°22.10' W, at a depth of not less than 210 m.

The following position-fixing procedures must be followed to ensure disposal at the designated disposal site:

6. Route to Disposal Site(s): Direct.

7. Method of Loading and Disposal: Loading by clamshell dredge and disposal by bottom dump scow or end dumping.

8. Rate of Disposal: As required by normal operations.

9. Total Quantity to Be Disposed of: Not to exceed 10 000 m³.

10. Material to Be Disposed of: Dredge material consisting of silt, sand, rock, or other materials typical of the approved loading site except logs and usable wood.

11. Requirements and Restrictions:

11.1. The Permittee must notify the permit issuing office before commencement of the project as to the dates on which the loading or dumping will occur. Additional requirements may be requested by the permit issuing office.

11.2. The Permittee must ensure that all contractors involved in the loading or disposal activity for which the permit is issued are made aware of any restrictions or conditions identified in the permit and of the possible consequences of any violation of these conditions. A copy of the permit and the letter of transmittal must be carried on all towing vessels and loading platforms or equipment involved in disposal at sea activities. A copy of the written approval for the appropriate loading site must be displayed with each copy of the permit posted at the loading sites.

11.3. The fee prescribed by the Ocean Dumping Permit Fee Regulations (Site Monitoring) shall be paid by the Permittee in accordance with those Regulations.

11.4. Contact must be made with the Canadian Coast Guard regarding the issuance of a "Notice to Shipping." The Permittee should contact the District Manager, Canadian Coast Guard Vessel Traffic Services, Kapilano 100 Building, Room 1205, 100 Park Royal S, West Vancouver, British Columbia V7T 1A2, (604) 666-8453 (Facsimile).

11.5. Any enforcement officer designated pursuant to subsection 217(1) of the Canadian Environmental Protection Act, 1999, shall be permitted to mount an electronic tracking device on any vessel that is engaged in the disposal at sea activities authorized by this permit. The Permittee shall take all reasonable measures to ensure there is no tampering with the tracking device and no interference with its operation. The tracking device shall be removed only by an enforcement officer or by a person with the written consent of an enforcement officer.

11.6. The Permitee must submit to the Regional Director, Environmental Protection, within 30 days of the expiry of the permit, a list of all work completed pursuant to the permit, the nature and quantity of material disposed of and the dates on which the activity occurred.

J. B. WILSON
Environmental Protection
Pacific and Yukon Region

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DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice is hereby given that pursuant to the provisions of Part 7, Division 3, of the Canadian Environmental Protection Act, 1999, the conditions of Permit No. 4543-2-04209 are amended as follows:

4. Loading Site(s): East Port-Daniel Harbour, 48°10.94' N, 64°57.69' W (NAD83), excluding zone B described in the drawing 4182-1 attached to the letter 4182_ltr_01 of April 14, 1998, from the Department of the Environment.

5. Disposal Site(s): (a) Disposal Site PD-6, 48°08.10' N, 64°56.50' W (NAD83); and (b) East Port-Daniel Harbour, 48°10.94' N, 64°57.69' W (NAD83).

M.-F. BÉRARD
Environmental Protection
Quebec Region

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DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice is hereby given that, pursuant to the provisions of Part 7, Division 3, of the Canadian Environmental Protection Act, 1999, Permit No. 4543-2-06066 is approved.

1. Permittee: Department of Public Works and Government Services, Moncton, New Brunswick.

2. Type of Permit: To load and dispose of dredged material.

3. Term of Permit: Permit is valid from July 31, 2000, to July 30, 2001.

4. Loading Site(s): 46°14.14' N, 65°15.67' W (NAD83), Entrance Channel, Cap-Pelé wharf, as described in the drawing "Site Plan (Feb. 2000)" submitted in support of the permit application.

5. Disposal Site(s): 46°14.18' N, 64°15.45' W (NAD83), approximately 300 m east of Cap-Pelé wharf, 150 m from shore, and as described in the drawing "Site Plan (Feb. 2000)" submitted in support of the permit application.

6. Route to Disposal Site(s): Via pipeline.

7. Equipment: Suction dredge and pipeline.

8. Method of Disposal: Via pipeline.

9. Rate of Disposal: As required by normal operations.

10. Total Quantity to Be Disposed of: Not to exceed 4 000 m³ place measure.

11. Material to Be Disposed of: Dredged material consisting of sand, silty sand, and seaweed.

12. Requirements and Restrictions:

12.1. It is required that the Permittee notify in writing, by facsimile or electronic mail, Mr. Clarke Wiseman, Environmental Protection Branch, Department of the Environment, Atlantic Region, Queen Square, 16th Floor, 45 Alderney Drive, Dartmouth, Nova Scotia B2Y 2N6, (902) 426-7924 (Facsimile), clarke. wiseman@ec.gc.ca (Electronic mail), at least 48 hours prior to each occasion that dredging equipment is mobilized to the loading site. The notification shall include the equipment to be used, contractor, contact for the contractor and expected period of dredging.

12.2. A written report shall be submitted to Mr. Clarke Wiseman, identified in paragraph 12.1., within 30 days of either the completion of the work or the expiry of the permit, whichever comes first. This report shall contain the following information: the quantity of material disposed of and the dates on which the loading and disposal activities occurred.

12.3. The fee prescribed by the Ocean Dumping Permit Fee Regulations (Site Monitoring) shall be paid by the Permittee in accordance with those Regulations. Proof of payment of the remaining balance of $1,410 for the fee shall be submitted to Mr. Adrian MacDonald, Environmental Protection Branch, Department of the Environment, Atlantic Region, Queen Square, 4th Floor, 45 Alderney Drive, Dartmouth, Nova Scotia B2Y 2N6, (902) 426-3897 (Facsimile), prior to December 5, 2000.

12.4. Procedures to accurately measure or estimate quantities of dredged material disposed of at each disposal site shall be submitted to Mr. Adrian MacDonald, identified in paragraph 12.3. The procedures shall be approved by the Department of the Environment prior the commencement of the first dredging operation to be conducted under this permit.

12.5. It is required that the Permittee allow any enforcement officer designated pursuant to subsection 217(1) of the Canadian Environmental Protection Act, 1999, to enter or board any place, ship, aircraft, platform or anthropogenic structure directly related to the loading or disposal at sea referred to under this permit, at any reasonable time throughout the duration of this permit.

12.6. The Permittee shall notify in writing Mr. Marc Godin, Department of Fisheries and Oceans, P.O. Box 3420, Station Main, Tracadie-Sheila, New Brunswick E1X 1G5, (506) 395-3809 (Facsimile), at least 48 hours prior to each occasion that dredging equipment is mobilized to the loading site.

12.7. The Permittee shall implement the mitigative measures identified in Part D of the report "Environmental Screening Cap Pelé Channel Dredging (May 2000)" submitted in support of the permit application. Modifications to the mitigative measures shall be made only with the written approval of the Environmental Protection Branch, Department of the Environment.

12.8. The disposal at sea of dredged materials originating west of Sediment Sample Location G-93 is prohibited.

12.9. A copy of this permit and documents and drawings referenced in this permit shall be available on-site at all times when dredging operations are underway.

12.10. The dredging and ocean dumping authorized by this permit shall be carried out by the Permittee or by any person with written approval from the Permittee. Within 24 hours of authorizing approval to another person to conduct the dredging and ocean dumping authorized by this permit, the Permittee shall submit by facsimile to Mr. Clarke Wiseman, identified in paragraph 12.1., a copy of the written approval.

K. G. HAMILTON
Environmental Protection
Atlantic Region

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DEPARTMENT OF THE ENVIRONMENT

DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication after Assessment of a Substance — Hexachlorobutadiene — Specified on the Priority Substances List (Subsection 77(1) of the Canadian Environmental Protection Act, 1999)

Whereas a summary of a draft report of the assessment of the substance hexachlorobutadiene specified on the Priority Substances List is annexed hereby,

Notice therefore is hereby given that the Ministers of the Environment and of Health propose to recommend to Her Excellency the Governor in Council that hexachlorobutadiene be added to the List of Toxic Substances in Schedule 1 to the Canadian Environmental Protection Act, 1999.

Public comment period

As specified under subsection 77(5) of the Canadian Environmental Protection Act, 1999, any person may, within 60 days after publication of this notice, file with the Minister of the Environment written comments on the measure the Ministers propose to take and the scientific considerations on the basis of which the measure is proposed. All comments must cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to the Director, Commercial Chemicals Evaluation Branch, Department of the Environment, Hull, Quebec K1A 0H3, (819) 953-4936 (Facsimile), or by electronic mail to the PSL Webmaster, PSL.LSIP@ec.gc.ca.

In accordance with section 313 of the Canadian Environmental Protection Act, 1999, any person who provides information in response to this notice may submit, with the information, a request that it be treated as confidential.

Annex

Summary of the Draft Report of the Assessment of the Substance Hexachlorobutadiene Specified on the Priority Substances List

Hexachlorobutadiene, or HCBD, has never been commercially produced in Canada. Formerly, the substance was imported into Canada for use as a solvent, but it is no longer imported. There are no natural sources of HCBD in the environment. Current Canadian sources are minor but potentially numerous and include possible releases in landfill leachates, releases during refuse combustion and releases as a by-product in the production of some chlorinated chemicals. At present, the most significant point source of HCBD in Canada appears to be the Cole Drain, which discharges into the St. Clair River, at Sarnia, Ontario, and includes outfalls from several industrial companies. The inadvertent production and use of HCBD in the United States are other potential sources of HCBD releases to the Canadian environment via long-range transport through the atmosphere or transboundary movement in shared water systems.

When released into the environment, HCBD partitions to air, soil, water and sediments but tends to remain mostly in the compartment to which it was released. HCBD is slowly removed from the atmosphere by photooxidation, with an estimated half-life of up to three years. Evidence for long-range transport of HCBD exists, as the substance has been detected in samples taken from various sediment depths in Great Slave Lake. HCBD biodegrades slowly in aerobic water, with an estimated half-life of up to a year, but it would persist considerably longer under anaerobic conditions. HCBD accumulates in the tissues of freshwater organisms, with a maximum reported bioconcentration factor of 19 000, but it is quite easily metabolized and therefore does not biomagnify through food chains. Available data indicate that HCBD meets the criteria for persistence and bioaccumulation according to the Persistence and Bioaccumulation Regulations of the Canadian Environmental Protection Act, 1999 (CEPA 1999).

HCBD has been detected in Canadian surface waters, sediments, aquatic organisms and, occasionally, air.

Acute and chronic toxicity data are available for pelagic aquatic organisms, but no information is available on the toxicity of HCBD to benthic organisms.

Concentrations of HCBD in Canadian surface water are lower than the adverse effects thresholds predicted for sensitive pelagic aquatic organisms. Concentrations of HCBD in the sediment of highly contaminated sections of the St. Clair River are high enough that sensitive benthic organisms could experience adverse effects because of their inability to move to less contaminated areas.

HCBD is not likely to contribute significantly to ground-level ozone formation, but it does have the potential to contribute somewhat to depletion of stratospheric ozone and to climate change. The magnitude of these effects would depend upon the concentration of HCBD in the atmosphere; in recent years, the concentration of HCBD in Canadian air has been very low.

Available data upon which to base estimates of population exposure to HCBD in Canada are extremely limited; however, food and, possibly, air appear to be the major routes of exposure. Based on results of studies conducted in experimental animals, the kidney appears to be the target organ of HCBD-induced toxicity. Kidney tumours have also been observed in rats following long-term exposure to HCBD, but only at doses associated with non-neoplastic renal effects. The estimated average daily intake by the general population in Canada from environmental sources is less than a Tolerable Intake derived on the basis of a benchmark dose or effect levels for non-neoplastic renal effects. A Tolerable Intake is the level of intake to which it is believed a person may be exposed daily over a lifetime without deleterious effect.

Based on available data, it is concluded that hexachlorobuta-diene is entering the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity. It is concluded that hexachlorobutadiene is not entering the environment, in Canada, in a quantity or concentration or under conditions that constitute or may constitute a danger to the environment on which life depends; or that constitute or that may constitute a danger in Canada to human life or health. Thus, it is proposed that hexachlorobutadiene be considered "toxic" as defined in section 64 of the Canadian Environmental Protection Act, 1999 (CEPA 1999). Because HCBD meets the criteria for persistence and bioaccumulation according to the Persistence and Bioaccumulation Regulations of the Canadian Environmental Protection Act, 1999 and is present in the environment as a result of human activity, the substance will be proposed, under subsection 77(4) as a candidate for virtual elimination under subsection 65(3).

Pursuant to subsection 77(4), because HCBD is proposed to be toxic under the Act and meets the criteria for persistence and bioaccumulation in accordance with the Persistence and Bioaccumulation Regulations, is present in the environment primarily as a result of human activity, and is not a naturally-occurring radionuclide or a naturally-occurring inorganic substance, implementation of virtual elimination under subsection 65(3) of HCBD is being proposed.

It is recommended that sources of HCBD as a by-product in the production of other chlorinated chemicals, such as vinyl chloride, allyl chloride and epichlorohydrin be identified and measures to reduce these releases be investigated.

HCBD releases during refuse combustion were identified. Preliminary information indicates that sources of HCBD from combustion are similar to those of dioxins, furans and hexachlorobenzene. It is recommended that measures to reduce emission of HCBD from combustion sources complement initiatives currently underway to address dioxins, furans and hexachlorobenzene.

Since HCBD is persistent, bioaccumulative, likely to cause effects to aquatic species at low levels of exposure and is not currently used in commerce in Canada, options to prevent its reintroduction into the Canadian market should be explored.

J. A. BUCCINI
Director
Commercial Chemicals
Evaluation Branch

On behalf of the Minister of the Environment

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DEPARTMENT OF THE ENVIRONMENT

DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication after Assessment of a Substance — Textile Mill Effluents — Specified on the Priority Substances List (Subsection 77(1) of the Canadian Environmental Protection Act, 1999)

Whereas a summary of a draft report of the assessment of the substance textile mill effluents specified on the Priority Substances List is annexed hereby,

Notice therefore is hereby given that the Ministers of the Environment and of Health propose to recommend to Her Excellency the Governor in Council that Textile Mill Effluents be added to the List of Toxic Substances in Schedule 1 to the Canadian Environmental Protection Act, 1999.

Public comment period

As specified under subsection 77(5) of the Canadian Environmental Protection Act, 1999, any person may, within 60 days after publication of this notice, file with the Minister of the Environment written comments on the measure the Ministers propose to take and the scientific considerations on the basis of which the measure is proposed. All comments must cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to the Director, Commercial Chemicals Evaluation Branch, Department of the Environment, Hull, Quebec K1A 0H3, (819) 953-4936 (Facsimile), or by electronic mail to the PSL Webmaster, PSL.LSIP@ec.gc.ca.

In accordance with section 313 of the Canadian Environmental Protection Act, 1999, any person who provides information in response to this notice may submit, with the information, a request that it be treated as confidential.

Annex

Summary of the Draft Report of the Assessment of the Substance Textile Mill Effluents Specified on the Priority Substances List

Textile mill effluents (TMEs) are wastewater discharges from Canadian textile mills that are involved in wet processes such as scouring, neutralizing, desizing, mercerizing, carbonizing, fulling, bleaching, dyeing, printing and other wet finishing activities. They are not generated at facilities that conduct only dry processing (carding, spinning, weaving and knitting), laundering or manufacture of synthetic fibres through chemical processes. In the context of this report, TMEs do not include waste streams such as air emissions or solid waste.

As of 1999, there were 145 wet processing textile mills operating in Canada. Most wet processing mills were located in Quebec (58 percent), followed by Ontario (34 percent), Nova Scotia (3 percent), New Brunswick (2 percent), British Columbia (1 percent) and Prince Edward Island (1 percent). Most wet processing mills in Canada (96 percent) discharged to municipal wastewater collection systems, 99 percent of which had some form of wastewater treatment. The highest percentage of TMEs received secondary treatment (61 percent), followed by primary (28 percent), tertiary (9 percent) and none (1 percent). The dilution potential for TMEs varied principally according to the volume and flow of the receiving environment, and the total TMEs discharged ranged from 17 percent to 0.000 01 percent of the receiving environment.

TMEs contain a wide range of chemicals and are known to have a range of pH, temperature, colour and oxygen demand characteristics. The assessment did not attempt to determine the contribution of individual components of TMEs to toxicity or environmental effects, due to the complexity of such a task combined with time and resource limitations, and focused instead on the impacts of whole effluents.

In order to supplement the sparse database on the environmental effects of TMEs, a number of studies were undertaken in support of the assessment. The combined results of a battery of whole-effluent toxicity tests indicated a reduction in toxicity with increasing intensity of treatment of TMEs. The battery of tests used included rainbow trout (Oncorhynchus mykiss) acute lethal, Daphnia magna acute lethal, Microtox^(r) (Vibrio fischeri) acute sublethal, Microtox^(r) chronic sublethal, Ceriodaphnia dubia chronic (lethal and reproduction), and algal growth (Selenastrum capricornutum). All untreated TMEs had effects on all of the organisms tested. Primary-treated TMEs had slightly less toxicity than untreated effluents. Most of the secondary-treated effluents produced no effects on test organisms, with two exceptions, both of which discharged to municipal wastewater treatment systems. At one of those sites, where the treatment system was believed to be not operating optimally, aquatic toxicity was detected in all whole-effluent toxicity tests conducted. At the other site, significant inhibition of reproduction in C. dubia was detected; however, no aquatic toxicity was observed in the other three tests conducted. No tertiary-treated TMEs produced effects on test organisms.

There were limited data available on the aquatic toxicity of samples obtained from aquatic environments receiving TMEs. There were no data on the aquatic toxicity of environmental samples near untreated TME discharges, and only one site receiving primary-treated TMEs was studied. At that site, chronic toxicity (C. dubia survival and reproduction) was detected at 120 m below the outfall, and acute toxicity to the bacterium V. fischeri was detected 30 m from the outfall. No acute toxicity was measured in samples from environments receiving TMEs that were subject to secondary or tertiary treatment. At a single site receiving untreated TME, an in situ bioassay was conducted using caged clams (Anodonta implicata), and significant mortality occurred up to 120 m downstream of the outfall. Pore water from sediments taken from locations up to 80 m from an outfall discharging primary-treated TME inhibited fertilization in the white sea urchin (Lytechninus pictus). Toxicity was not detected by using a variety of other sediment toxicity tests at sites receiving secondary-treated TMEs.

Studies measuring impacts on benthic invertebrate communities in aquatic environments receiving TMEs were conducted at single locations for each of untreated, secondary-treated and tertiary-treated effluents. Changes in community structure were detected 120 m below the outfall at the untreated site; however, no impacts were detected at the sites where secondary or tertiary treatment was provided by a municipal wastewater treatment system.

Estimated Toxic Exposure Values based on nonylphenol toxic equivalency quotients (EEV_TEQ) for nonylphenol (NP) and nonylphenol ethoxylates (NPEs) in untreated TMEs exceeded the chronic toxicity threshold for invertebrates in 90 percent of samples and the chronic toxicity threshold for fish in 86 percent of samples. Eighty-three percent of untreated samples had NP and NPE EEV_TEQs falling within the range of acute toxicity to fish, invertebrates and algae. All five primary-treated TME samples had NP and NPE EEV_TEQs falling within the range of acute toxicity to fish and invertebrates and exceeding chronic toxicity benchmarks for those organisms.

Based on the available data, it is proposed that textile mill effluents are entering the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity. Thus, it is proposed that textile mill effluents be considered "toxic" as defined in section 64 of the Canadian Environmental Protection Act, 1999 (CEPA 1999) and that evaluation of options under CEPA 1999 to reduce exposure be considered a priority at this time. It is recommended that options to reduce environmental risk be examined on a site-specific basis. In addition, pollution prevention opportunities and control technologies for the management of TMEs should be identified and evaluated, with particular attention to the use and release of NP and its ethoxylates. Given the fact that most textile mills in Canada have their wastewater treated at municipal wastewater treatment plants (MWWTPs), it is recommended that discussions with the appropriate authorities (municipal and/or provincial) should be undertaken to address the risks. This may require additional effects monitoring of textile mill effluents and municipal effluents.

J. A. BUCCINI
Director
Commercial Chemicals
Evaluation Branch

On behalf of the Minister of the Environment

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DEPARTMENT OF THE ENVIRONMENT

DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication after Assessment of Two Substances — Releases from Primary and Secondary Copper Smelters and Refineries and Releases from Primary and Secondary Zinc Smelters and Refineries — Specified on the Priority Substances List (Subsection 77(1) of the Canadian Environmental Protection Act, 1999)

Whereas a summary of a draft report of the assessment of the substances Releases from primary and secondary copper smelters and refineries and Releases from primary and secondary zinc smelters and refineries specified on the Priority Substances List is annexed hereby,

Notice therefore is hereby given that the Ministers of the Environment and of Health propose to recommend to Her Excellency the Governor in Council that Releases from primary and secondary copper smelters and refineries and Releases from primary and secondary zinc smelters and refineries be added to the List of Toxic Substances in Schedule 1 to the Canadian Environmental Protection Act, 1999.

Public comment period

As specified under subsection 77(5) of the Canadian Environmental Protection Act, 1999, any person may, within 60 days after publication of this notice, file with the Minister of the Environment written comments on the measure the Ministers propose to take and the scientific considerations on the basis of which the measure is proposed. All comments must cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to the Director, Commercial Chemicals Evaluation Branch, Department of the Environment, Hull, Quebec K1A 0H3, (819) 953-4936 (Facsimile), or by electronic mail to the PSL Webmaster, PSL.LSIP@ec.gc.ca.

In accordance with section 313 of the Canadian Environmental Protection Act, 1999, any person who provides information in response to this notice, may submit, with the information a request that it be treated as confidential.

Annex

Summary of the Draft Report of the Assessment of the Substances Releases from primary and secondary copper smelters and refineries and releases from primary and secondary zinc smelters and refineries Specified on the Priority Substances List

Assessments of the two substances "Releases from primary and secondary copper smelters and refineries" and "Releases from primary and secondary zinc smelters and refineries" have been conducted and reported together due to the similar nature of the two types of facilities and the common approach used in assessing their releases. For the purposes of these assessments a smelter is defined as a facility which uses high temperature chemical processes to recover base metals, while a refinery is a plant in which impurities are separated from metals using thermal or electrolytic processes. Zinc operations use integrated processes that are a combination of smelting and refining, and are conventionally referred to as "zinc plants". The six copper smelters, four copper refineries and four zinc plants currently operating in Canada were considered in the assessments.

Releases from copper smelters/refineries and zinc plants are complex mixtures, containing varying amounts of numerous substances. Since most releases (on a mass basis) are discharged to air, and releases to air have the greatest potential for causing widespread effects, these assessments have focused on environmental and human health risks of air emissions. The components of releases to air that were examined most closely are sulphur dioxide (SO₂), the metals (largely in the form of particulate matter) copper, zinc, nickel, lead, cadmium, chromium and arsenic, and particulate matter under 10 microns (PM₁₀). For facilities having multiple operations, source emission attribution was evaluated to estimate the fraction of ambient and deposited contaminants owing to those operations which are the subject of these assessments.

Effects thresholds for SO₂ were based on exposure by vegetation for periods of 1-hour (acute) and 1-growing season (chronic). Endpoint organisms were identified for exposure to each metal in both aquatic and terrestrial environments (relating to deposition to surface waters and land, respectively). The 95th percentile of natural background metal concentrations were used as a lower limits for the effects thresholds. The transport and fate of metals deposited on surface waters and soils was modelled to permit estimation of critical metal deposition values ("critical loads") — defined as the amount of annual deposition required for steady-state metal concentrations to reach these minimum effect concentrations in receiving surface waters and soils. Probabilistic modelling was based on the range of receptor conditions (soil types, pH, lake size, etc.) encountered on the Canadian Shield. Estimated free metal ion concentrations were assumed to be representative of the concentration of biologically available metal.

Risk due to SO₂ released from copper smelters/refineries and zinc plants was assessed based on both direct exposure to SO₂ and on associated acidic deposition. Results for direct exposure indicate that there is a risk to vegetation over varying areas near both copper smelters/refineries and zinc plants, to a maximum distance of about 10 km. For acidic deposition, it was determined that copper smelters contributed up to 8 percent (relative to all anthropogenic and natural sources) of the SO₂ resulting in acidic deposition at the four Eastern Canadian receptor areas considered. Copper refineries and zinc plants were responsible for significantly lower fractions (up to 0.1 percent and 0.2 percent, respectively). U.S. sources were the largest contributors at all four receptor sites.

Estimated annual metal deposition rates were compared with 25th percentile critical loads typically representative of effects to sensitive organisms under 25 percent of conditions in sandy soils or acidic lake water of the Canadian Shield. It was concluded that there is potential for effects to aquatic and/or soil dwelling organisms from exposure to steady-state concentrations of metals in the vicinity of copper smelters/refineries and zinc plants resulting from releases (especially of copper and zinc, respectively) from these facilities. Impacted areas were estimated to extend up to about 13 to 14 km from the facilities. In all cases it is recognized that the range of impact is dependent on the emissions of the individual facilities as well as on local meteorology and geography. It is also recognized that emissions from zinc plants using exclusively pressure-leach technology will be significantly less than those using roasting processes.

Screening level evaluations of the environmental effects of aquatic releases from the three facilities (namely Cominco-Trial, Noranda-CCR and Noranda-CEZinc) that are not currently required to report their aquatic releases under the Metal Mining Liquid Effluent Regulations of the Fisheries Act were conducted. Constituents of releases to water considered in these assessments include all metal contaminants reported to be present, as well as ammonia, fluoride and pH. The results of the assessments of these three facilities indicated the potential for detrimental effects to the environment. However, the indicators of risk were fairly low, especially given the slightly conservative nature of the assessment.

The assessed facilities are also sources of carbon dioxide, nitrous oxide, methane and volatile organic compound (VOC) emissions. The former three contribute to global climate change, while VOCs contribute to tropospheric photochemical ozone creation and some VOCs contribute to stratospheric ozone depletion. Emissions of all of these substances from copper smelters and refineries and zinc plants are, however, minor in comparison to other emission sources.

The health assessment addressed potential risks to nearby populations from current releases from copper smelters/refineries and zinc plants in Canada. Based on recent data, concentrations of arsenic, cadmium, chromium, nickel, lead, sulphur dioxide and particulate matter in air are generally increased in the vicinity of most Canadian copper smelters/refineries and zinc plants in relation both to proximity to the facilities and to background concentrations at remote sites.

The results of available epidemiological studies of human populations resident near copper smelters/refineries and zinc plants are inadequate to characterize the potential for both cancer and noncancer effects from releases from such facilities. Based on assessments conducted previously on the Priority Substances List under CEPA, carcinogenicity is considered to be the critical effect for arsenic, cadmium, chromium and nickel, in light of the sufficient weight of evidence for lung tumours in occupational populations or experimental animals following inhalation of compounds of each of these metals. The range of annual mean concentrations of PM₁₀ near Canadian copper smelters/refineries and zinc plants overlaps those associated with increased cardiorespiratory morbidity and mortality in recent extensive epidemiological studies of the general population exposed to ambient air pollution in various countries, including Canada. The concentrations of sulphur dioxide in ambient air in the vicinity of all Canadian copper smelters/refineries and zinc plants occasionally exceed health-based guidelines intended to protect against cardiorespiratory effects. Although not directly considered in this assessment, it is also recognized that SO₂ is an important precursor in the secondary formation of respirable particulate matter (PM_2.5). Levels of airborne lead also exceed health-based guidelines near certain of the Canadian facilities involved in smelting copper, indicating potential for lead-induced health effects.

Based on available data concerning the effects of emissions to air of metals (largely in the form of particulates) and gaseous sulphur dioxide, it is proposed that Releases from primary and secondary copper smelters and refineries and Releases from primary and secondary zinc plants are entering the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity. Based on available data, it is proposed that Releases from primary and secondary copper smelters and refineries and Releases from primary and secondary zinc plants are not entering the environment in quantities or concentrations or under conditions that constitute or may constitute a danger to the environment on which life depends. Based on available data, it is proposed that Releases from primary and secondary copper smelters and refineries and Releases from primary and secondary zinc plants are entering the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health. Therefore, it is proposed that Releases from primary and Secondary copper smelters and refineries and Releases from primary and secondary zinc plants be considered "toxic" as defined in section 64 of the Canadian Environmental Protection Act, 1999 (CEPA 1999).

There are a number of ongoing initiatives that address different release components of copper smelters/refineries and zinc plants. These include activities resulting from the Base Metals Smelting Sector Strategic Options Process, the Canada-wide Standards initiative for PM₁₀ and PM_2.5, and the Canada-wide Acid Rain Strategy for Post-2000. Any investigations of options to reduce exposure as a result of these assessments should be integrated with these initiatives.

Comparison of estimated exposure to arsenic, cadmium, chromium and nickel in the vicinity of Canadian copper smelters/refineries and zinc plants with the tumorigenic potency indicates that the priority for investigation of options to reduce exposure to releases from these facilities is considered to be in the high range for copper smelters, to range from low to high for copper refineries, and to range from low to high for zinc plants. Comparison of levels of lead, sulphur dioxide and PM₁₀ in ambient air with health-based guidelines or with concentrations at which health effects have been observed also suggests that the priority for options analysis is high, especially for facilities where copper is smelted.

Concerning effluents, it is believed that a significant increase in contaminant concentrations or loadings, or changes in conditions affecting bioavailability (such as pH), have the potential to increase risk to the environment. It is therefore recommended that releases reported for the three facilities assessed be tracked to evaluate whether effluent-related risk management activities may be warranted in the future.

Assessment of releases from copper smelters/refineries and zinc plants necessitated evaluation of a limited number of components from the complex mixture of substances released. The constituents of emissions to air examined generally represent the substances released in the greatest quantity. This selection does not imply that other release constituents do not pose a risk. Investigations of options for risk management should also take into consideration other substances of potential concern, some examples of which include mercury, selenium, dioxins and furans.

J. A. BUCCINI
Director
Commercial Chemicals
Evaluation Branch

On behalf of the Minister of the Environment

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DEPARTMENT OF HEALTH

FOOD AND DRUGS ACT

Food and Drug Regulations — Amendments

Interim Marketing Authorization

Pyridaben is registered under the Pest Control Products Act as an insecticide for the control of mites on almonds, apples, peaches/nectarines and pears. Maximum Residue Limits (MRLs) have been established under the Food and Drugs Act for residues of pyridaben resulting from its use in Canada and other countries at 1.5 parts per million (p.p.m.) in peaches/nectarines, 0.75 p.p.m. in pears, 0.5 p.p.m. in apples and 0.05 p.p.m. in almonds. By virtue of subsection B.15.002(1) of the Food and Drug Regulations, the MRL for other foods is 0.1 p.p.m.

The Pest Management Regulatory Agency (PMRA) of Health Canada has recently approved an application to amend the registration of pyridaben in order to allow its use for the control of mites on grapes, peppers and strawberries. The PMRA has also been requested to establish MRLs for residues of pyridaben resulting from this use in grapes, peppers and strawberries, in order to permit the import and sale of food containing these residues.

Before making a decision regarding a new use of a pest control product, the PMRA conducts the appropriate assessment of the risks and value of the product specific to its proposed use. The registration of the pest control product will be amended if: the data requirements for assessing value and safety have been adequately addressed; the evaluation indicates that the product has merit and value; and the human health and environmental risks associated with its proposed use are acceptable.

After the review of all available data, the PMRA has determined that MRLs for pyridaben of 2 p.p.m. in strawberries, 1 p.p.m. in peppers and 0.3 p.p.m. in grapes would not pose an unacceptable health risk to the public.

The above-listed uses of pyridaben will provide joint benefits to consumers and the agricultural industry as a result of improved management of pests. In addition, this use will contribute to a safe, abundant and affordable food supply by allowing the importation and sale of food commodities containing acceptable levels of pesticide residues.

Therefore, it is the intention of the PMRA to recommend that the Food and Drug Regulations be amended to establish MRLs for pyridaben of 2 p.p.m. in strawberries, 1 p.p.m. in peppers and 0.3 p.p.m. in grapes.

As a means to improve the responsiveness of the regulatory system, an Interim Marketing Authorization (IMA) is being issued to permit the immediate sale of strawberries, peppers and grapes with MRLs for pyridaben of 2 p.p.m., 1 p.p.m. and 0.3 p.p.m., respectively, while the regulatory process to amend the Regulations is undertaken.

June 8, 2000

DIANE GORMAN
Acting Assistant Deputy Minister
Health Protection Branch

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DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Appointments

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DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Senators Called

Her Excellency the Governor General has been pleased to summon to the Senate of Canada, by letters patent under the Great Seal of Canada, bearing date of June 20, 2000:

— Kennedy, Betty O.C., of Milton, in the Province of Ontario, Member of the Senate and a Senator for the Province of Ontario; and

— Setlakwe, Raymond C., of Thetford Mines, in the Province of Quebec, Member of the Senate and a Senator for the Division of Les Laurentides in the Province of Quebec.

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NOTICE OF VACANCY

NATIONAL PAROLE BOARD

Chairperson/Member (Full-time Position)

The National Parole Board (NPB) is an independent administrative tribunal. The NPB makes decisions on the conditional release of offenders sentenced to federal penitentiaries and of offenders sentenced to provincial institutions in the provinces and territories where there are no provincial or territorial boards of parole. The NPB also makes pardons decisions and recommendations for clemency.

Location: National Capital Region

The successful candidate must have a university degree in one of the disciplines comprising the human sciences (law, criminology, social work, psychology, sociology, etc.), with demonstrated management experience at the senior executive level. The preferred candidate should possess sound knowledge of the criminal justice system, as well as experience in the interpretation of the law. The ability to provide vision and leadership is necessary to ensure that the organization carries out its mandate. The chosen candidate must also possess the skills required to deal with provincial and territorial governments and various organizations with an interest in criminal justice. Superior communication and interpersonal skills as well as good judgement are required.

The successful candidate must be prepared to relocate to the National Capital Region or to a location within reasonable commuting distance.

Proficiency in both official languages is essential.

The selected candidate will be subject to the Conflict of Interest and Post-Employment Code for Public Office Holders. Before or upon assuming their official duties and responsibilities, public office holders appointed on a full-time basis must sign a document certifying that, as a condition of holding office, they will observe the Code. They must also submit to the Office of the Ethics Counsellor, within 60 days of appointment, a Confidential Report in which they disclose all of their assets, liabilities and outside activities. To obtain copies of the Code and Confidential Report, visit the Office of the Ethics Counsellor's Web site at http://strategis.ic.gc.ca/ethics.

This notice has been placed in the Canada Gazette to assist the Governor in Council in identifying qualified candidates for this position. It is not, however, intended to be the sole means of recruitment. Applications forwarded through the Internet will not be considered for reasons of confidentiality.

Please send your curriculum vitae by July 24, 2000, to the Director of Appointments, Prime Minister's Office, Langevin Block, 80 Wellington Street, Ottawa, Ontario K1A 0A2, (613) 957-5743 (Facsimile). To facilitate administrative processes, please indicate that you are applying for the "National Parole Board."

Further information is available on request.

Bilingual notices of vacancies will be produced in alternative format (i.e. audio cassette, diskette, braille, large print, etc.) upon request. For further information, please contact Canadian Government Publishing, Public Works and Government Services Canada, Ottawa, Canada K1A 0S9, (819) 956-4800 or 1-800-635-7943.

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NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with extensible hypertext markup language (XHTML 1.0 Strict).