Vol. 141, No. 52 — December 29, 2007

GOVERNMENT NOTICES

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice requiring the preparation and implementation of pollution prevention plans in respect of mercury releases from mercury switches in end-of-life vehicles processed by steel mills

Whereas, when steel mills process end-of-life vehicles or steel scrap derived from end-of-life vehicles, those steel mills release mercury from mercury switches used by vehicle manufacturers in vehicles;

Whereas mercury is a substance specified on the List of Toxic Substances in Schedule 1 of the Act;

Whereas the Minister of the Environment published a Proposed Notice in the Canada Gazette, Part I, on December 9, 2006, requiring the preparation and implementation of pollution prevention plans in respect of mercury releases;

Whereas persons were given the opportunity to file comments with respect to the Proposed Notice for a comment period of 60 days;

And whereas the Minister has considered all comments received;

Notice is hereby given that, under subsection 56(1) of the Act, the Minister of the Environment requires all persons or class of persons described in section 2 of this Notice to prepare and implement a pollution prevention plan in respect of mercury releases from mercury switches in end-of-life vehicles processed by steel mills.

JOHN BAIRD
Minister of the Environment

NOTICE REQUIRING THE PREPARATION AND IMPLEMENTATION OF POLLUTION PREVENTION PLANS IN RESPECT OF MERCURY RELEASES FROM MERCURY SWITCHES IN END-OF-LIFE VEHICLES PROCESSED BY STEEL MILLS

1. Definitions

"Act" means the Canadian Environmental Protection Act, 1999.

"Capture rate" means the number of mercury switches annually managed, expressed as a percentage of the estimated total number of accessible mercury switches in end-of-life vehicles that are dismantled, recycled, crushed, baled, shredded or otherwise processed by vehicle recyclers.

"End-of-life vehicle" includes a vehicle that is sold, given, or disposed of as junk, salvage or scrap, or that is acquired by a vehicle recycler for the purposes of dismantling, recycling, crushing, baling, shredding or other processing.

"Management of mercury switches" includes removing (prior to crushing, baling, shredding, or processing by a steel mill); collecting, and storing mercury switches; disposing of the mercury switch or disposing of or recycling the mercury contained in the mercury switch; and moving or transporting the mercury switches or the mercury extracted from them. The management of mercury switches must be carried out in accordance with applicable federal, provincial, and municipal government legislation.

"Mercury switch" includes each mercury-containing capsule or mercury-containing switch assembly that is part of a light switch assembly or part of an anti-lock braking system assembly installed in a vehicle.

"Mercury switch management program" includes either an existing mercury switch management program that was developed prior to the publication of the Notice or a new mercury switch management program developed after publication of the Notice.

"Plan" means a pollution prevention plan.

"Remove a mercury switch" means to extract the mercury switch from an end-of-life vehicle prior to the crushing, baling, shredding or processing of the end-of-life vehicle.

"Steel mill" includes a facility which processes end-of-life vehicles or steel scrap derived from end-of-life vehicles into steel or steel products.

"Steel scrap" includes an end-of-life vehicle that is dismantled, recycled, crushed, baled, shredded or otherwise processed.

"Vehicle" includes an on-road vehicle that has a GVWR of 6 000 kg or less and that is designed primarily for the transportation of persons and has a designated seating capacity of not more than 12 persons, or for the transportation of property or that is a derivative of a vehicle that is designed for that purpose, but does not include a motorcycle. Motorcycle includes an on-road vehicle with a headlight, taillight and stoplight that has two or three wheels and a curb weight of 793 kg (1 749 pounds) or less. GVWR means the gross vehicle weight rating specified by a manufacturer as the maximum design loaded weight of a single vehicle.

"Vehicle recycler" includes a person who dismantles, recycles, crushes, bales, shreds or otherwise processes six or more end-of-life vehicles in a calendar year for the purpose of resale of the steel or of any parts or components of the end-of-life vehicle. A vehicle recycler includes but is not limited to vehicle dismantlers, auto-wreckers, automobile salvage operations, and vehicle crushers, balers and shredders.

"Vehicle manufacturer" includes a person

(1) who is engaged in the business of manufacturing vehicles through any process of assembling or altering the vehicle prior to its sale to the first retail purchaser in Canada and who installed one or more mercury switches into the vehicle; or

(2) who imports or domestically distributes a vehicle that has one or more mercury switches installed in the vehicle into Canada for the purpose of sale to the first retail purchaser.

Vehicle manufacturer does not include any person who sells vehicles only at retail or who converts or modifies new vehicles after the production process.

2. Person or class of persons required to prepare and implement a pollution prevention plan

(1) This Notice applies to any person or class of persons who, at any time since January 1, 1988, is or has been a vehicle manufacturer of vehicles that contain one or more mercury switches, and applies to all successors or assigns of that person or those persons.

The person or class of persons includes, but is not limited to

colomn 1	colomn 2	colomn 3
BMW Canada Inc. 920 Champlain Court Whitby, Ontario L1N 6K9	Ford Motor Company of Canada, Limited The Canadian Road Oakville, Ontario L6J 5C7	Nissan Canada Inc. 5290 Orbitor Drive Mississauga, Ontario L4W 4H6
CAMI Automotive Inc. 300 Ingersoll Street Ingersoll, Ontario N5C 4A6	General Motors of Canada Limited 1908 Colonel Sam Drive Oshawa, Ontario L1H 8P7	Porsche Cars Canada Ltd. 5045 Orbitor Drive Building 11 Suite 302 Mississauga, Ontario L4W 4Y4
DaimlerChrysler Canada Inc. 2450 Chrysler Centre Windsor, Ontario N8W 3X7	International Truck and Engine Corporation Canada 508 Richmond Street Chatham, Ontario N7S 5M4	Saab Automobile AB 1908 Colonel Sam Drive Oshawa, Ontario L1H 8P7
Denso Corporation 195 Brunel Road Mississauga, Ontario L4Z 1X3	Mazda Canada Inc. 305 Milner Avenue Suite 400 Scarborough, Ontario M1B 3V4	Subaru Canada, Inc. 5990 Falbourne Street Mississauga, Ontario L5R 3S7
		Volkswagen Canada Inc. 777 Bayky Street W Ajax, Ontario L1S 7G7

(2) The Notice also applies to any person or class of persons who owns or operates a steel mill that processes end-of-life vehicles or steel scrap derived from end-of-life vehicles to produce steel or steel products, and to all successors or assigns of that person or those persons.

The person or class of persons includes, but is not limited to

colomn 1	colomn 2
Algoma Steel Inc. 105 West Street Sault Ste. Marie, Ontario P6A 7B4	Ivaco Rolling Mills (2004) LP P.O. Box 322 L'Orignal, Ontario K0B 1K0
AltaSteel Ltd. Scaw Metals Group P.O. Box 2348 Edmonton, Alberta T5J 2R3	Mittal Canada Inc. 3900, Des Aciéries Road Contrecœur, Quebec J0L 1C0
Dofasco Inc. P.O. Box 2460 1330 Burlington Street E Hamilton, Ontario L8N 3J5	QIT-Fer et Titane inc. 1625, Marie-Victorin Road Tracy, Quebec J3R 1M6
Gerdau Ameristeel 1801 Hopkins Street S Whitby, Ontario L1N 5T1	Stelco Inc. P.O. Box 2030 Hamilton, Ontario L8N 3T1
Hamilton Specialty Bar Corporation 319 Sherman Avenue N Hamilton, Ontario L8N 3R5
IPSCO Inc. P.O. Box 1670 100 Armour Road Regina, Saskatchewan S4P 3C7

3. Activities in relation to which the plan is to be prepared

The Minister requires all persons or class of persons identified in section 2 to prepare and implement a pollution prevention plan in relation to the management of mercury switches from end-of-life vehicles.

4. Factors to consider in preparing the plan

The Minister requires all persons or class of persons identified in section 2 to consider the following factors when preparing their plan:

(1) The risk management objective, which is to reduce releases of mercury to the environment through participation by vehicle manufacturers and steel mills in a mercury switch management program in Canada.

(2) Mercury is a toxic substance on the List of Toxic Substances on Schedule 1 of the Act.

(3) Participation in a mercury switch management program that facilitates the management of mercury switches by vehicle recyclers and that includes but is not limited to the following characteristics:

(a) Participation by each vehicle manufacturer for 15 years after the last model year in which mercury switches were installed in vehicles manufactured by that vehicle manufacturer.

(b) Participation by steel mills until December 31, 2017.

(c) Establishment and maintenance of funding that supports a mercury switch management program for the duration of each person or class of persons' participation as prescribed in paragraph (a) or (b). The funding provided may include incentives or compensation for costs incurred by vehicle recyclers who participate in a mercury switch management program. Funding provided by vehicle manufacturers may be based on the number of mercury switches installed by that vehicle manufacturer as a proportion of those installed by all vehicle manufacturers since January 1, 1988.

(d) Promotion and communication of the mercury switch management program to vehicle recyclers.

(e) Development of annual targets for the number of mercury switches to be collected and for the capture rate of mercury switches, in consideration of an ultimate goal of achieving an annual capture rate of 90% within the first four years of participation in the mercury switch management program.

(f) Public reporting of targets, timelines, and results of the management of mercury switches on an annual basis. The public reporting should include reporting the number of mercury switches collected and the estimated capture rate.

(g) Annual mercury switch management program review and implementation of steps to improve upon program performance in order to improve the capture rate, until such time as a capture rate of 90% is achieved.

(h) Annual evaluation of the fate of the mercury contained in the mercury switches that were collected in order to ensure that the releases of mercury into the environment are reduced to the maximum extent possible.

(4) As part of the mercury switch management program, development and distribution of guidance for vehicle recyclers that specifies the location of mercury switches in vehicles manufactured by that vehicle manufacturer and explains the removal and management of mercury switches.

(5) As part of the mercury switch management program, the development and implementation of a purchasing policy by steel mills that requires that the steel mill purchase end-of-life vehicles, or the steel scrap derived from the end-of-life vehicles, or both, after the accessible mercury switches have been removed.

(6) Pollution prevention planning is a means of addressing the release to the environment of toxic substances or other pollutants. In preparing a plan, a person subject to the Notice is to give priority to pollution prevention activities. "Pollution prevention," as defined in section 3 of the Act, means "the use of processes, practices, materials, products, substances or energy that avoid or minimize the creation of pollutants and waste and reduce the overall risk to the environment or human health."

(7) The Minister will evaluate the effectiveness of the Notice with respect to the risk management objective set out in subsection 4(1) of the Notice, in order to determine if other measures, including regulations, are needed to further prevent or reduce negative impacts on the environment and human health from mercury releases from mercury switches in end-of-life vehicles.

5. Period within which the plan is to be prepared

(1) For a person or class of persons subject to the Notice on the date of publication in the Canada Gazette, Part I, the Minister requires that the plan be prepared and implementation initiated no later than June 27, 2008.

(2) For a person or class of persons becoming subject to the Notice after the date of publication in the Canada Gazette, Part I, the Minister requires that the plan be prepared and implementation initiated no later than six months after the date on which the person or class of persons became subject to the Notice.

6. Period within which the plan is to be implemented

(1) For a person or class of persons subject to the Notice on the date of publication in the Canada Gazette, Part I, the Minister requires that the plan be implemented no later than December 12, 2011.

(2) For a person or class of persons becoming subject to the Notice after the date of publication in the Canada Gazette, Part I, the Minister requires that the plan be implemented no later than four years after the date on which the person or class of persons became subject to the Notice.

7. Content of plan

A person or class of persons identified in section 2 is to determine the appropriate content of that person's plan; however, the plan must meet all requirements of the Notice. The plan must also contain the information required to file the Declaration of Preparation referred to in section 9 and have the capacity to generate the information required to file the Declaration of Implementation referred to in section 10 and the Interim Progress Reports referred to in section 12.

8. Requirement to keep plan

Under section 59 of the Act, any person or class of persons identified in section 2 of the Notice must keep a copy of the plan at the place in Canada in relation to which the plan is prepared. Where a single plan is prepared for more than one facility, a copy of that plan shall be kept at each location.

9. Declaration of Preparation

Under subsection 58(1) of the Act, any person or class of persons identified in section 2 shall file to the Minister, within 30 days after the end of the period for the preparation of the plan specified in section 5 or extended under section 14, a written Declaration that a Pollution Prevention Plan Has Been Prepared and Is Being Implemented in respect of Mercury Releases from Mercury Switches in End-of-Life Vehicles Processed by Steel Mills, using the form that the Minister provides and that contains the information set out in Schedule 1 of this Notice. Where a person has prepared a single plan for several facilities, a separate Declaration of Preparation must be filed for each facility.

10. Declaration of Implementation

Under subsection 58(2) of the Act, any person or class of persons identified in section 2 shall file to the Minister, within 30 days after the completion of the implementation of the plan, a written Declaration that a Pollution Prevention Plan Has Been Implemented in respect of Mercury Releases from Mercury Switches in End-of-Life Vehicles Processed by Steel Mills, using the form that the Minister provides and that contains the information set out in Schedule 5 of this Notice. The plan must be implemented no later than the deadline specified in section 6 of the Notice or extended under section 14 of this Notice. Where a person has prepared a single plan for several facilities, the person must file a separate Declaration of Implementation for each facility.

11. Filing of amended Declarations

Where a person or class of persons identified in section 2 has filed a Declaration of Preparation or Implementation, referred to in sections 9 and 10, and the Declaration contains information that, at any time after the filing, has become false or misleading, that person or class of persons shall file an amended Declaration to the Minister within 30 days after the time that the information became false or misleading, using the appropriate form referred to in section 9 or 10.

12. Interim Progress Reports

Any person or class of persons identified in section 2 shall file to the Minister, on or before each of the dates below, a written Interim Progress Report in respect of Mercury Releases from Mercury Switches in End-of-Life Vehicles Processed by Steel Mills, using the form that the Minister provides and that contains the information set out in Schedule 4 of the Notice. If a Declaration of Implementation is submitted before an Interim Progress Report is due, the requirement to submit the Interim Progress Report is nullified.

(1) For a person or class of persons subject to the Notice on the date of publication in the Canada Gazette,

— Interim Progress Report No. 1 — deadline: January 12, 2009

— Interim Progress Report No. 2 — deadline: January 12, 2010

(2) For a person or class of persons becoming subject to the Notice after the date of publication in the Canada Gazette,

— Interim Progress Report No. 1 — deadline: 24 months after becoming subject to the Notice;

— Interim Progress Report No. 2 — deadline: 36 months after becoming subject to the Notice.

13. Use of a plan prepared or implemented for another purpose

Under subsection 57(1) of the Act, a person or class of persons may use a plan prepared or implemented for another purpose to satisfy the requirements of sections 2 to 8. Under subsection 57(2) of the Act, where a person or class of persons uses a plan that does not meet all of the requirements of the Notice, the person or class of persons shall amend the plan so that it meets all of those requirements or prepare an additional plan that meets the remainder of those requirements. Persons or class of persons using existing plans must nonetheless file a Declaration of Preparation under section 9, a Declaration of Implementation under section 10, and any amended Declarations under section 11, where applicable, and any Interim Progress Reports required under section 12.

14. Extension of time

Under subsection 56(3) of the Act, where the Minister is of the opinion that further time is necessary to prepare the plan as specified in section 5 or to implement the plan as specified in section 6, the Minister may extend the period for a person or class of persons who submits a written Request for Time Extension for Preparation or Implementation of a Pollution Prevention Plan in respect of Mercury Releases from Mercury Switches in End-of-Life Vehicles Processed by Steel Mills. The written request must use the form that the Minister provides and that contains the information set out in Schedule 3, before the expiry of the date referred to in the applicable section 5 or section 6 or before the expiry of any extended period.

15. Application for waiver of factors to consider

Under subsection 56(5) of the Act, the Minister may waive the requirement for a person or class of persons to consider a factor specified in section 4 where the Minister is of the opinion that it is neither reasonable nor practicable to consider a factor on the basis of reasons provided by that person or class of persons when submitting a written Request for Waiver of the Requirement to Consider a Factor or Factors for Preparation of a Pollution Prevention Plan in respect of Mercury Releases from Mercury Switches in End-of-Life Vehicles Processed by Steel Mills. The written request must use the form that the Minister provides and contain the information set out in Schedule 2. Such a request must be made before the expiry of the period within which the plan is to be prepared as referred to in section 5 or before the expiry of any extended period.

16. More information on pollution prevention planning

(1) Additional information and guidance on preparing plans may be obtained from

(a) Environment Canada's Pollution Prevention Planning Web site (www.ec.gc.ca/cepap2);

(b)the National Office of Pollution Prevention Web site (www.ec.gc.ca/NOPP);

(c) the CEPA Environmental Registry (www.ec.gc.ca/ CEPARegistry/plans/P2);

(d) the Canadian Pollution Prevention Information Clearinghouse (www.ec.gc.ca/cppic); and

(e) Environment Canada's regional offices referred to in section 19.

(2) A copy of Environment Canada's Pollution Prevention Planning Handbook, including a model plan, is available at www.ec.gc.ca/NOPP/Docs/P2P/hbook/En/index.cfm.

17. Reference Code: P2HG

For administrative purposes, all communication with Environment Canada concerning the Notice should refer to the following reference code: P2HG.

18. Forms

Forms referred to in this Notice (Schedules 1 to 5) are to be filled out electronically at the Pollution Prevention Planning Web site at www.ec.gc.ca/cepap2.

The Instructions for completing the forms are available from the National Office of Pollution Prevention Web site at www.ec.gc.ca/NOPP/P2P/en/P2notices.cfm or can be requested by telephone at 819-994-0186, by fax at 819-953-7970, or by email at CEPAP2Plans@ec.gc.ca.

The Minister of the Environment intends to publish, in part, the information submitted in response to the Notice on Environment Canada's Pollution Prevention Planning Web site. Persons submitting information to the Minister are entitled to submit a written request under section 313 of the Act that information be treated as confidential. Persons submitting such a request must specify what information they wish treated as confidential and include the reasons for that request. Refer to the instructions referenced above for more information.

19. Environment Canada contact information

For questions about the Notice or for more information about pollution prevention planning, contact Environment Canada's regional offices or headquarters:

For residents of Newfoundland and Labrador, Prince Edward Island, Nova Scotia and New Brunswick

Environmental Protection Branch — Atlantic Region
Environment Canada
Queen Square, 16th Floor
45 Alderney Drive
Dartmouth, Nova Scotia B2Y 2N6
Telephone: 902-426-9590
Fax: 902-426-8373

For residents of Quebec

Environmental Protection Branch — Quebec Region
Environment Canada
105 McGill Street, 4th Floor
Montréal, Quebec H2Y 2E7
Telephone: 514-283-4670
Fax: 514-283-4423

For residents of Ontario

Environmental Protection Branch — Ontario Region
Environment Canada
4905 Dufferin Street
Downsview, Ontario M3H 5T4
Telephone: 416-739-5888
Fax: 416-739-4342

For residents of Manitoba, Saskatchewan, Alberta, the Northwest Territories and Nunavut

Environmental Protection Branch — Prairie and
Northern Region
Environment Canada
4999 98th Avenue, Room 200
Edmonton, Alberta T6B 2X3
Telephone: 204-984-3522
Fax: 204-983-0960

For residents of British Columbia and Yukon

Environmental Protection Branch — Pacific and Yukon Region
Environment Canada
201–401 Burrard Street
Vancouver, British Columbia V6C 3S5
Telephone: 604-666-2690
Fax: 604-666-9107

Environment Canada Headquarters office

Regulatory Innovation and Management Systems
Environment Canada
351 Saint-Joseph Boulevard, 13th Floor
Gatineau, Quebec K1A 0H3
Telephone: 819-994-0186
Fax: 819-953-7970
Email: CEPAP2Plans@ec.gc.ca

EXPLANATORY NOTE

(This note is not part of this Notice.)

Compliance with the Act is mandatory under subsection 272(1) of the Act. Subsection 272(2) of the Act defines the penalties for persons who commit offences under the Act. Subsections 273(1) and 273(2) further outline the terms and penalties of those persons providing false or misleading information. Penalties under both subsection 272(2) and 273(2) include fines of not more than $1 million, imprisonment for a term of not more than three years, or both.

For additional information on the Act, and the Compliance and Enforcement Policy for the Canadian Environmental Protection Act, 1999 and on applicable penalties, please contact the Enforcement Branch at 819-994-0907. The Policy is available at www.ec.gc.ca/CEPARegistry/enforcement/CandEpolicy.pdf.

NOTE: This form is an example only. Do not fill out this form. Please contact Environment Canada for more information about electronic reporting. Contact information is provided in section 19 of the Notice.

Schedule 1: Declaration That a Pollution Prevention Plan Has Been Prepared and Is Being Implemented in Respect of Mercury Releases from Mercury Switches in End-of-Life Vehicles Processed by Steel Mills (Subsection 58(1) of CEPA, 1999)

Notice Reference Code:     P2HG    

Please refer to the instruction booklet "Instructions for Completing the Schedules to Canada Gazette Notices Requiring the Preparation and Implementation of Pollution Prevention Plans" for guidance on how to complete this Declaration.

Is this an amendment to a Declaration previously submitted?

Yes

No

If yes, complete Parts 1.0 and 9.0 and any other Parts of this Declaration where previously reported information has become false or misleading. Previously reported information that is unchanged need not be resubmitted.

1.0 Information on the Person or Class of Persons Subject to the Notice

Name of Person or Class of Persons Subject to the Notice: ___________

Facility Name: ____________________________________________

Street Address of Facility: ___________________________________

City: ___________

Province/Territory: ___________

Postal Code: ___________

Telephone Number: ___________
(with area code)

Email (if any): ___________

If different from Street Address:

Mailing Address of Facility: ____________________________________

City: ___________

Province/Territory: ___________

Postal Code: ___________

National Pollutant Release Inventory ID (if no ID, leave blank): ___________

Six-digit North American Industry Classification System (NAICS) Code: ___________

Facility Technical Contact: ___________

Email (if any): ___________

Telephone Number: ___________
(with area code)

Fax Number (if any): ___________
(with area code)

2.0 Use of Plans Prepared or Implemented for Another Purpose

Is the pollution prevention plan used to fulfill the obligations of this Notice

• a pollution prevention plan that was previously prepared on a voluntary basis? Yes No
• a pollution prevention plan that was previously prepared for another government or under another Act of Parliament? Yes No

If yes, identify the other government requirement(s) or Act(s) of Parliament.

______________________________________________________________________

3.0 Substance, Activity and/or Class of Persons

Identify whether the person or class of persons in respect of which information is required is a

Vehicle manufacturer; or a

Steel mill that processes end-of-life vehicles or steel scrap derived from end-of-life vehicles.

4.0 Baseline Information Prior to Implementation of the Pollution Prevention Plan

No data are required for Parts 4.0 (a), (b) and (c) of this Declaration.

4.1-4.4 No data are required for Parts 4.1 through 4.4 of this Declaration

4.5 Additional Baseline Information

Indicate the year in which you became subject to this Notice: _____________

4.5.1 Participating in Mercury Switch Management Programs prior to becoming subject to this Notice

Prior to becoming subject to this Notice, did you participate in a mercury switch management program in Canada?

Yes No

If yes, provide

(a) Name of the program
________________________________________

(b) Description of the program
______________________________________________________________________

(c) Date on which the program was established (Month/Year)
________________________________________

(d) Date on which your participation in the program began (Month/Year)
________________________________________

(e) Describe your participation in the program to date
______________________________________________________________________

(f) Describe the number of mercury switches collected as reported by the program in each year up to 2007 or up to the year in which you became subject to the Notice
______________________________________________________________________

(g) Describe the capture rate of mercury switches collected as reported by the program in each year up to 2007 (%) or up to the year in which you became subject to the Notice
______________________________________________________________________

(h) Provide a reference for publicly available reporting documents, if any (example: link to a Web site)
______________________________________________________________________

4.5.2 Additional Baseline Information from Vehicle Manufacturers (4.5.2 to be completed by vehicle manufacturers only)

In what vehicle model year did you cease installing mercury switches in all models?

______________________________________________________________________

If you are still installing mercury switches in your vehicles, describe the type and use of the mercury switches (lighting or anti-lock braking systems), and describe the make, model and quantity of vehicles that are manufactured annually.

______________________________________________________________________

Prior to becoming subject to this Notice, did you distribute to vehicle recyclers guidance that identifies the location of mercury switches in vehicles manufactured by you and that explains the removal and management of the mercury switches?

Yes No

If yes, provide the title of the guidance, indicate the form of the guidance that was provided (for example, printed text, compact disc, video, or other), and indicate where the Minister may consult the guidance.

______________________________________________________________________

Describe any other actions taken by you to facilitate the management of mercury switches.

______________________________________________________________________

4.5.3 Additional Baseline Information from Steel Mills that Process End-of-life Vehicles (4.5.3 to be completed by steel mills that process end-of-life vehicles or steel scrap derived from end-of-life vehicles only)

Prior to becoming subject to this notice, did you

develop and/or

implement

a purchasing policy that requires you to purchase end-of-life vehicles or the steel scrap derived from the end-of-life vehicles, or both, after the accessible mercury switches have been removed?

If you have either developed and/or implemented a purchasing policy that requires you to purchase end-of-life vehicles or the steel scrap derived from the end-of-life vehicles, or both, after the accessible mercury switches have been removed, describe how the policy has been implemented to date.

______________________________________________________________________

Describe any other actions taken by you to facilitate the management of mercury switches.

5.0 Anticipated Actions and Results

5.1-5.2 No data are required for Parts 5.1 and 5.2 of this Declaration

5.3 Detailed Anticipated Actions and Results Information

5.3.1 Anticipated Actions and Results from the Pollution Prevention Plan

Describe the actions that you plan to take to manage mercury switches from end-of-life vehicles or steel scrap derived from end-of-life vehicles in Canada, and include a description of the mercury switch management program that you plan to participate in.

______________________________________________________________________

In the table below, provide the target number of mercury switches to be managed by the program and target capture rates, on an annual basis:

Year	Anticipated Number of Mercury Switches to Be Managed Under the Program	Anticipated Capture Rate of the Program (%)
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017

Provide the planned year of completion of the mercury switch management program, and the year by which you plan to complete your participation in the program.

______________________________________________________________________

5.3.2 Anticipated Actions by Vehicle Manufacturers to Guide Vehicle Recyclers
(5.3.2 to be completed by vehicle manufacturers only)

Describe your plans to distribute to, or to develop for and distribute to, vehicle recyclers guidance that identifies the location of mercury switches in vehicles manufactured by you and explains the removal and management of the mercury switches.

______________________________________________________________________

Describe the anticipated results of any other actions that you plan to take to facilitate the management of mercury switches.

______________________________________________________________________

5.3.3 Anticipated Actions by Steel Mills that Process End-of-Life Vehicles
(5.3.3 to be completed by steel mills that process end-of-life vehicles or steel scrap derived from end-of-life vehicles only)

Describe how you plan to develop (if you have not already developed) and implement (or continue to implement) a purchasing policy that requires you to purchase end-of-life vehicles or the steel scrap derived from the end-of-life vehicles, or both, after the accessible mercury switches have been removed.

______________________________________________________________________

Describe the anticipated results of any other actions you plan to take to facilitate the management of mercury switches.

______________________________________________________________________

6.0 Monitoring and Reporting

Describe the anticipated monitoring and reporting that will be used by you to track progress in implementing the pollution prevention plan.

______________________________________________________________________

7.0 Risk Management Objective

Describe how the pollution prevention plan outlined meets the risk management objective identified in subsection 4(1) of the Notice. If this plan does not meet the risk management objective, explain why.

______________________________________________________________________

8.0 Factors to Consider

Describe what was done by the person or class of persons subject to the Notice to take into account the "factors to be considered" described in section 4 of the Notice, except those factors for which a waiver has been granted by the Minister of the Environment. Subsection 4(5) does not need to be considered by vehicle manufacturers and subsection 4(4) does not need to be considered by steel mills.

______________________________________________________________________

9.0 Certification

I hereby certify that a pollution prevention plan has been prepared and is being implemented in respect of mercury releases from mercury switches in end-of-life vehicles or steel scrap derived from end-of-life vehicles processed by steel mills and that the information provided in this Declaration is true, accurate and complete.

Signature of the Person(s) Subject to the Notice or Duly Authorized Representative:

__________________________

Date:

________________

Name:

_________________________
Please Print

Title/Position:

_________________________
Please Print

NOTE: This form is an example only. Do not fill out this form. Please contact Environment Canada for more information about electronic reporting. Contact information is provided in section 19 of the Notice.

Schedule 2: Request for Waiver of the Requirement to Consider a Factor or Factors for Preparation of a Pollution Prevention Plan in Respect of Mercury Releases from Mercury Switches in End-of-Life Vehicles Processed by Steel Mills (Subsection 56(5) of CEPA, 1999)

Notice Reference Code:     P2HG     

______________________________________________________________________

Please refer to the instruction booklet "Instructions for Completing the Schedules to Canada Gazette Notices Requiring the Preparation and Implementation of Pollution Prevention Plans" for guidance on how to complete this Request.

1.0 Information on the Person or Class of Persons Subject to the Notice

Name of Person or Class of Persons Subject to the Notice: _____________

Facility Name: ________________________________________________

Street Address of Facility: _______________________________________

City: _______________________________________________________

Province/Territory: _____________

Postal Code: _____________

Telephone Number: _____________
(with area code)

Email (if any): _____________

If different from Street Address:

Mailing Address of Facility: _______________________________________

City: _____________

Province/Territory: _____________

Postal Code: _____________

National Pollutant Release Inventory ID (if no ID, leave blank): ____________

Six-digit North American Industry Classification System (NAICS) Code: _____________

Facility Technical Contact: _____________

Email (if any): _____________

Telephone Number: _____________
(with area code)

Fax Number (if any): _____________
(with area code)

2.0 Factor(s) for Which a Waiver Is Requested

Identify exactly for which factor(s) listed in the Notice a waiver is requested (provide a section number if possible).

______________________________________________________________________

3.0 Rationale for Request

Explain why it would not be reasonable or practicable to consider each factor for which a waiver is requested.

______________________________________________________________________

4.0 Certification

I hereby certify that the information provided in this Request is true, accurate and complete.

Signature of the Person(s) Subject to the notice or Duly Authorized Representative:

__________________________

Date:

________________

Name:

_________________________
Please Print

Title/Position:

_________________________
Please Print

NOTE: This form is an example only. Do not fill out this form. Please contact Environment Canada for more information about electronic reporting. Contact information is provided in section 19 of the Notice.

Schedule 3: Request for Time Extension for Preparation or Implementation of a Pollution Prevention Plan in Respect of Mercury Releases from Mercury Switches in End-of-Life Vehicles Processed by Steel Mills (Subsection 56(3) of CEPA, 1999)

Notice Reference Code:    P2HG   

Please refer to the instruction booklet "Instructions for Completing the Schedules to Canada Gazette Notices Requiring the Preparation and Implementation of Pollution Prevention Plans" for guidance on how to complete this Request.

1.0 Information on the Person or Class of Persons Subject to the Notice

Name of Person or Class of Persons Subject to the Notice: _____________

Facility Name: ________________________________________________

Street Address of Facility: _______________________________________

City: _____________

Province/Territory: _____________

Postal Code: _____________

Telephone Number: _____________
(with area code)

Email (if any): _____________

If different from Street Address:

Mailing Address of Facility: _______________________________________

City: _____________

Province/Territory: _____________

Postal Code: _____________

National Pollutant Release Inventory ID (if no ID, leave blank): _____________

Six-digit North American Industry Classification System (NAICS) Code: _____________

Facility Technical Contact: _____________

Email (if any): _____________

Telephone Number: _____________
(with area code)

Fax Number (if any): _____________
(with area code)

2.0 Request for Time Extension

Identify for which of the following a time extension is requested (choose one):

to prepare a pollution prevention plan

to implement a pollution prevention plan

For the person(s) identified in Part 1.0, it is requested that the date be extended to: _____________
(specify exact date - year/month/day).

3.0 Rationale for Request

Explain why further time is necessary to prepare or implement a pollution prevention plan.

______________________________________________________________________

4.0 Certification

I hereby certify that the information provided in this Request is true, accurate and complete.

Signature of the Person(s) Subject to the Notice or Duly Authorized Representative:

__________________________

Date:

________________

Name:

_________________________
Please Print

Title/Position:

_________________________
Please Print

NOTE: This form is an example only. Do not fill out this form. Please contact Environment Canada for more information about electronic reporting. Contact information is provided in section 19 of the Notice.

Schedule 4: Interim Progress Report concerning the Implementation of a Pollution Prevention Plan in Respect of Mercury Releases from Mercury Switches in End-of-Life Vehicles Processed by Steel Mills

Notice Reference Code:    P2HG   

Please refer to the instruction booklet "Instructions for Completing the Schedules to Canada Gazette Notices Requiring the Preparation and Implementation of Pollution Prevention Plans" for guidance on how to complete this Report.

Is this an amendment to a Report previously submitted?

Yes

No

If yes, complete Parts 1.0 and 9.0 and any other Parts of this Report where previously reported information has become false or misleading. Previously reported information that is unchanged need not be resubmitted.

1.0 Information on the Person or Class of Persons Subject to the Notice

Name of Person or Class of Persons Subject to the Notice: _____________

Facility Name: ________________________________________________

Street Address of Facility: _______________________________________

City: _____________

Province/Territory: _____________

Postal Code: _____________

Telephone Number: _____________
(with area code)

Email (if any): _____________

If different from Street Address:

Mailing Address of Facility: _______________________________________

City: _____________

Province/Territory: _____________

Postal Code: _____________

National Pollutant Release Inventory ID (if no ID, leave blank): ____________

Six-digit North American Industry Classification System (NAICS) Code: _____________

Facility Technical Contact: _______________________________________

Email (if any): _____________

Telephone Number: _____________
(with area code)

Fax Number (if any): _____________
(with area code)

2.0 No data are required for Part 2.0 of this Report

3.0 Substance, Activity and/or Class of Person(s)

Identify the class of person in respect of which information is required (choose one):

Vehicle manufacturer

Steel mill that processes end-of-life vehicles or steel scrap derived from end-of-life vehicles

4.0 Progress Information during Implementation of the Pollution Prevention (P2) Plan

The Notice (Reference Code P2HG) requires reporting of data in an Interim Progress Report for the following calendar years (January 1 to December 31):

Interim Progress Report	Reporting Year
Interim Progress Report No. 1	2008
Interim Progress Report No. 2	2009

Indicate which Interim Progress Report number is being reported: __________

Person(s) may have become subject to the Notice after 2007 or may have been granted a time extension to submit an Interim Progress Report that requires reporting for a year other than 2008 (IPR No. 1) or 2009 (IPR No. 2). If applicable, indicate the new Reporting Year for which the person is reporting: ___________.

______________________________________________________________________

4.1-4.5 No data are required for Parts 4.1 through 4.5 of this Report

5.0 Action(s) Taken and Results Achieved to Date

5.1-5.2 No data are required for Parts 5.1 and 5.2 of this Report

5.3 Detailed Results Achieved to Date Information

5.3.1 Participating in and Funding of Mercury Switch Management Programs

Have you participated in a mercury switch management program in Canada as set out in subsection 4(3) of the Notice?

Yes No

If yes, provide

(a) Name of program
______________________________________________________________________

(b) Brief description of the program
______________________________________________________________________

(c) Date on which the program was established (Month/Year)
______________________________________________________________________

(d) Date on which your participation in the program began (Month/Year)
______________________________________________________________________

(e) Describe your participation in the program to date
______________________________________________________________________

(f) Provide a reference for publicly available reporting documents (example: link to a Web site)
______________________________________________________________________

(g) Number of mercury switches managed as reported by the program in 2008 (IPR No. 1 only) and 2009 (IPR No. 2 only)
______________________________________________________________________

(h) Capture Rate as reported by the program in 2008 (IPR No. 1 only) and 2009 (IPR No. 2 only)
______________________________________________________________________

Describe the actions that you have taken in this reporting year to ensure that the program will maintain its funding as set out in subsection 4(3) of the Notice.

______________________________________________________________________

5.3.2 Additional Actions by Vehicle Manufacturers
(5.3.2 to be completed by vehicle manufacturers only)

In this reporting year, have you distributed guidance to vehicle recyclers that identifies the location of mercury switches in vehicles manufactured by you, and that explains the removal and management of the mercury switches?

Yes No

If yes, provide the title of the guidance, indicate the form of the guidance provided (for example, printed text, compact disc, video, or other), and indicate where the Minister may consult the guidance.

______________________________________________________________________

Describe the results of other actions taken by you in this reporting year to facilitate the management of mercury switches from end-of-life vehicles or steel scrap derived from end-of-life vehicles.

______________________________________________________________________

5.3.3 Additional Actions by Steel Mills that Process End-of-Life Vehicles
(5.3.3 to be completed by steel mills that process end-of-life vehicles or steel scrap derived from end-of-life vehicles only)

In this reporting year, have you

developed or

implemented

a purchasing policy that requires you to purchase end-of-life vehicles, or the steel scrap derived from the end-of-life vehicles, or both, after the accessible mercury switches have been removed?

If you have either developed and/or implemented a purchasing policy that requires you to purchase end-of-life vehicles, or the steel scrap derived from the end-of-life vehicles, or both, after the accessible mercury switches have been removed, describe how the policy has been implemented to date.

______________________________________________________________________

Describe the results of other actions taken by you in this reporting year to facilitate the management of mercury switches from end-of-life vehicles or steel scrap derived from end-of-life vehicles.

______________________________________________________________________

6.0 Monitoring and Reporting

Describe the monitoring and reporting used in this reporting year to track progress in implementing the pollution prevention plan.

______________________________________________________________________

7.0 Risk Management Objective

Describe the progress in this reporting year or additional details on how the pollution prevention plan will meet the risk management objective identified in subsection 4(1) of the Notice. If it will not meet the risk management objectives, provide an explanation.

8.0 Factors to Consider

Describe any progress made in this reporting year towards taking into account the "factors to be considered" found in section 4 of the Notice, or describe any additional details or changes in how these factors will be taken into account. Subsection 4(5) does not need to be considered by vehicle manufacturers and subsection 4(4) does not need to be considered by steel mills.

9.0 Certification

I hereby certify that the information provided in this Report is true, accurate and complete.

Signature of the Person(s) Subject to the Notice or Duly Authorized Representative:

__________________________

Date:

________________

Name:

_________________________
Please Print

Title/Position:

_________________________
Please Print

NOTE: This form is an example only. Do not fill out this form. Please contact Environment Canada for more information about electronic reporting. Contact information is provided in section 19 of the Notice.

Schedule 5: Declaration That a Pollution Prevention Plan Has Been Implemented in Respect of Mercury Releases from Mercury Switches in End-of-Life Vehicles Processed by Steel Mills (Subsection 58(2) of CEPA, 1999)

Notice Reference Code:    P2HG   

Please refer to the instruction booklet "Instructions for Completing the Schedules to Canada Gazette Notices Requiring the Preparation and Implementation of Pollution Prevention Plans" for guidance on how to complete this Declaration.

Is this an amendment to a Declaration previously submitted? Yes No

If yes, complete Parts 1.0 and 9.0 and any other Parts of this Declaration where previously reported information has become false or misleading. Previously reported information that is unchanged need not be resubmitted.

1.0 Information on the Person or Class of Persons Subject to the Notice

Name of Person or Class of Persons Subject to the Notice: _____________

Facility Name: ________________________________________________

Street Address of Facility: _______________________________________

City: ________________

Province/Territory: ________________

Postal Code: ________________

Telephone Number: ________________
(with area code)

Email (if any): ________________

If different from Street Address:

Mailing Address of Facility: ________________

City: ________________

Province/Territory: ________________

Postal Code: ________________

National Pollutant Release Inventory ID (if no ID, leave blank): ____________

Six-digit North American Industry Classification System (NAICS) Code: ________________

Facility Technical Contact: ________________

Email (if any): ________________

Telephone Number: ________________
(with area code)

Fax Number (if any): ________________
(with area code)

2.0 No data are required for Part 2.0 of this Declaration

3.0 Substance, Activity and/or Class of Person(s)

Identify the class of person in respect of which information is required (choose one):

Vehicle manufacturer

Steel mill that processes end-of-life vehicles or steel scrap derived from end-of-life vehicles

4.0 Information after Implementation of the Pollution Prevention Plan

This Declaration requires reporting of data for the fourth year of implementation (January 1 to December 31) of the pollution prevention plan.

Indicate the year of implementation for which you are reporting: ____________

4.1-4.5 No data are required for Parts 4.1 through 4.5 of this Declaration

5.0 Action(s) Taken and Results Achieved

5.1-5.2 No data are required for Parts 5.1 and 5.2 of this Declaration

5.3 Detailed Results Achieved Information

5.3.1 Participating in a Mercury Switch Management Program

To date, have you participated in a mercury switch management program in Canada as set out in subsection 4(3) of the Notice?

Yes No

If yes, provide

(a) Name of the program
______________________________________________________________________

(b) Brief description of the program
______________________________________________________________________

(c) Date on which the program was established (Month/Year)
______________________________________________________________________

(d) Date on which your participation in the program began (Month/Year)
______________________________________________________________________

(e) Describe your participation in the program to date
______________________________________________________________________

(f) Provide a reference for publicly available reporting documents (example: link to a Web site)
______________________________________________________________________

(g) Number of mercury switches managed, as reported by the program, in each of the four years after becoming subject to the Notice:

year ______________________________________________________________
year ______________________________________________________________
year ______________________________________________________________
year ______________________________________________________________

(h) Capture Rate, as reported by the program, in each of the four years after becoming subject to the Notice:

year ______________________________________________________________
year ______________________________________________________________
year ______________________________________________________________
year ______________________________________________________________

Describe the results of actions, other than participation in a mercury switch management program, taken by you to facilitate the management of mercury switches.

______________________________________________________________________

Describe how you have ensured that the program will maintain its funding as set out in subsection 4(3) of the Notice.

______________________________________________________________________

5.3.2 Additional Results Achieved by Vehicle Manufacturers
(5.3.2 to be completed by vehicle manufacturers only)

Describe the guidance that you have developed for and distributed to vehicle recyclers that identifies the location of mercury switches in vehicles manufactured by you and explains the removal and management of the mercury switches. Provide the title and the form of the guidance that was distributed (for example, printed text, compact disc, video, or other), and indicate where the Minister may consult the guidance).

______________________________________________________________________

5.3.3 Additional Results Achieved by Steel Mills that Process End-of-Life Vehicles
(5.3.3 to be completed by steel mills that process end-of-life vehicles or steel scrap derived from end-of-life vehicles only)

To date, have you

developed and/or

implemented

a purchasing policy that requires you to purchase end-of-life vehicles, or the steel scrap derived from the end-of-life vehicles, or both, after the accessible mercury switches have been removed?

If you have either developed and/or implemented a purchasing policy that requires you to purchase end-of-life vehicles, or the steel scrap derived from the end-of-life vehicles, or both, after the accessible mercury switches have been removed, describe how the purchasing policy has been implemented.

______________________________________________________________________

6.0 Monitoring and Reporting

Describe the monitoring and reporting used by you to track progress in implementing the pollution prevention plan.

______________________________________________________________________

7.0 Risk Management Objective

Describe how the pollution prevention plan met the risk management objective identified in the subsection 4(1) of the Notice. If this plan does not meet the risk management objective, explain why.

______________________________________________________________________

8.0 Factors to Consider

Describe any progress made towards taking into account the "factors to be considered" found in section 4 of the Notice or describe any additional details or changes in how these factors will be taken into account. Subsection 4(5) does not need to be considered by vehicle manufacturers and subsection 4(4) does not need to be considered by steel mills.

______________________________________________________________________

9.0 Certification

I hereby certify that a pollution prevention plan has been implemented in respect of mercury releases from mercury switches in end-of-life vehicles or the steel scrap derived from end-of-life vehicles processed by steel mills and that the information provided in this Declaration is true, accurate and complete.

Signature of the Person(s) Subject to the Notice or Duly Authorized Representative:

__________________________

Date:

________________

Name:

_________________________
Please Print

Title/Position:

_________________________
Please Print

[52-1-o]

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Significant New Activity Notice No. 15007

Significant New Activity Notice

(Section 85 of the Canadian Environmental Protection Act, 1999)

Whereas the Ministers of the Environment and of Health have assessed information in respect of the substance Silane, trimethoxypropyl-, hydrolysis products with silica, Chemical Abstracts Service Registry No. 849036-06-2;

Whereas the substance is not on the Domestic Substances List;

And whereas the Ministers suspect that a significant new activity in relation to the substance may result in the substance becoming toxic under the Canadian Environmental Protection Act, 1999;

Therefore, the Minister of the Environment indicates, pursuant to section 85 of that Act, that subsection 81(4) of the same Act applies with respect to the substance.

A significant new activity is any activity involving the substance in quantities greater than 100 kilograms per year, other than for use as a component of an industrial resin into which the substance becomes incorporated into a solid matrix.

A person that proposes a significant new activity set out in this notice for this substance shall provide to the Minister of the Environment, at least 90 days prior to the commencement of the proposed significant new activity, the following information:

(1) a description of the proposed significant new activity in relation to the substance;

(2) measurement of the particle size and particle size distribution of the substance;

(3) for industrial applications and where the particle size is determined to be between 1 and 100 nanometres inclusively in at least one dimension,

(a) Item 7 set out in Schedule 4 of the New Substances Notification Regulations (Chemical and Polymers),

(b) the information specified in Item 8 of Schedule 5 of those Regulations, and

(c) the information specified in Item 11 of Schedule 6 of those Regulations; and

(4) for activities involving direct exposure of consumers where the substance is not incorporated into a solid matrix and where the particle size is determined to be between 1 and 100 nanometres inclusively in at least one dimension,

(a) all information set out in Schedule 6 of those Regulations, and

(b) information necessary to determine the physical dimensions of the test substance for the duration of the tests referred to in paragraph 4(a).

The above information will be assessed within 90 days of its being provided to the Minister of the Environment.

JOHN BAIRD
Minister of the Environment

EXPLANATORY NOTE

(This explanatory note is not part of the Significant New Activity Notice.)

A Significant New Activity Notice is a legal instrument issued by the Minister of the Environment pursuant to section 85 of the Canadian Environmental Protection Act, 1999. The Significant New Activity Notice sets out the appropriate information that must be provided to the Minister for assessment prior to the commencement of a new activity as described in the notice.

Substances that are not listed on the Domestic Substances List can only be manufactured or imported by the person who has met the requirements set out in sections 81 or 106 of the Act. Under section 86, in circumstances where a Significant New Activity Notice is issued for a new substance, it is the responsibility of every person who transfers the physical possession or control of the substance to notify all persons to whom the possession or control is transferred of the obligation to comply with the Significant New Activity Notice and of the obligation to notify of any new activity and all other information as described in the notice. It is the responsibility of the users of the substance to be aware of and comply with the Significant New Activity Notice and to submit a Significant New Activity notification to the Minister prior to the commencement of a significant new activity associated with the substance.

A Significant New Activity Notice does not constitute an endorsement from Environment Canada of the substance to which it relates or an exemption from any other laws or regulations that are in force in Canada and that may apply to this substance or activities involving the substance.

[52-1-o]

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).