Vol. 144, No. 21 — May 22, 2010

Regulations Amending the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations (Miscellaneous Program)

Statutory authority

Canadian Environmental Protection Act, 1999

Sponsoring department

Department of the Environment

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

The Standing Joint Committee for the Scrutiny of Regulations (the Committee) made a recommendation to Environment Canada regarding section 4 of the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations (the Regulations).

Based on the Committee’s recommendation, and review of the Regulations by Environment Canada, the proposed Regulations Amending the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations (Miscellaneous Program) [the “proposed Amendments”] are developed to align the English and French versions of the Regulations, to improve clarity of the regulatory text and to enhance ease of reporting.

These proposed Amendments would not make any substantive changes to the Regulations.

Description and rationale

Proposed amendment based on the Committee’s recommendation

The Committee noted a difference between the English and the French versions of section 4 of the Regulations and recommended that it be addressed. As a result, the English version of section 4 would be amended by removing the word “proper” in the wording of that section.

Other proposed amendments

Subparagraph 5(f)(ii) of the French version of the Regulations would be amended by changing the wording “…les siphons de sol…” to “…les drains de plancher…” to align with the English version of the subparagraph.

The proposed Amendments would repeal section 6 of the Regulations, since the provision related to carbon adsorber expired on July 31, 2005. The proposed Amendments would also remove from the regulatory text any reference to that section. Hence, section 7 would be amended to remove the reference to section 6.

Consequential amendments arising from the expiry of the provision on carbon adsorber would be made to paragraphs 3(b) and 3(d) of Schedule 4. Paragraph 3(b) of Schedule 4 makes reference to carbon adsorbers used in dry-cleaning machines. This reference would be removed from paragraph 3(b) and paragraph 3(d) would be repealed.

Clarification would be made to the provisions related to the annual reports in sections 11, 12, 13 and 14. These sections would now require that annual reports be submitted by April 30 of the following year, replacing the current requirement that annual reports be submitted to the Minister “120 days after the end of that calendar year”.

Schedule 4 of the Regulations requires quantities of tetrachloroethylene waste transported to waste management facilities to be reported in kilograms. This would be changed to allow for reporting of the quantities in either kilograms or litres. Accordingly, the proposed Amendments would add the wording “or litres” after “kilograms” in the texts of paragraphs 4(c) to (e) of Schedule 4.

The proposed Amendments would come into force on the day on which they are registered.

Consultation

As the proposed Amendments would not make any substantive changes to the Regulations, no formal stakeholder consultations were held.

Implementation, enforcement and service standards

The proposed Amendments would not alter the manner in which the Regulations are enforced. Since the proposed Amendments would not make any substantive changes to the Regulations, they would not result in the implementation of any new programs or activities. Consequently, developing an implementation plan or a service standard is not required.

Contacts

Celia Wong
Environmental Protection Operations Directorate
Environment Canada
201–401 Burrard Street
Vancouver, British Columbia
V6C 3S5
Telephone: 604-666-9862
Fax: 604-666-6800
Email: celia.wong@ec.gc.ca

Markes Cormier
Regulatory Analysis and Instrument Choice Division
Environment Canada
10 Wellington Street
Gatineau, Quebec
K1A 0H3
Telephone: 819-953-5236
Fax: 819-997-2769
Email: markes.cormier@ec.gc.ca

PROPOSED REGULATORY TEXT

Notice is hereby given, pursuant to subsection 332(1) (see footnote a) of the Canadian Environmental Protection Act, 1999 (see footnote b), that the Governor in Council proposes, pursuant to subsection 93(1) of that Act, to make the annexed Regulations Amending the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations (Miscellaneous Program).

Any person may, within 60 days after the date of publication of this notice, file with the Minister of the Environment comments with respect to the proposed Regulations or a notice of objection requesting that a board of review be established under section 333 of that Act and stating the reasons for the objection. All comments and notices must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to the Director, Products Division, Chemicals Sector Directorate, Department of the Environment, Place Vincent-Massey, 351 Saint-Joseph Boulevard, 18th Floor, Gatineau, Quebec K1A 0H3 (tel.: 1-888-391-3426; fax: 1-888-391-3695; e-mail: products.produits@ec.gc. ca).

A person who provides information to the Minister of the Environment may submit with the information a request for confidentiality under section 313 of that Act.

Ottawa, May 13, 2010

JURICA ČAPKUN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE TETRACHLOROETHYLENE (USE IN DRY CLEANING AND REPORTING REQUIREMENTS) REGULATIONS (MISCELLANEOUS PROGRAM)

AMENDMENTS

1. Section 4 of the English version of the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations (see footnote 1) is replaced by the following:

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

2. Subparagraph 5(f)(ii) of the French version of the Regulations is replaced by the following:

(ii) où sont facilement accessibles des bouchons — faits de matériaux résistants au tétrachloroéthylène — pour sceller les drains de plancher vers lesquels le tétrachloroéthylène, les eaux résiduaires ou les résidus peuvent s’écouler en cas de déversement.

3. Sections 6 and 7 of the Regulations are replaced by the following:

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

4. Paragraph 11(b) of the Regulations is replaced by the following:

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

5. Paragraph 12(1)(b) of the Regulations is replaced by the following:

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

6. Paragraph 13(b) of the Regulations is replaced by the following:

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

7. Paragraph 14(b) of the Regulations is replaced by the following:

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

8. (1) Paragraph 3(b) of Schedule 4 to the Regulations is replaced by the following:

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

(2) Paragraph 3(d) of Schedule 4 to the Regulations is repealed.

9. Paragraphs 4(c) to (e) of Schedule 4 to the Regulations are replaced by the following:

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

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

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

COMING INTO FORCE

10. These Regulations come into force on the day on which they are registered.

[21-1-o]

Footnote a
S.C. 2004, c. 15, s. 31

Footnote b
S.C. 1999, c. 33

Footnote 1
SOR/2003-79

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