ARCHIVED — Vol. 147, No. 15 — April 13, 2013

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GOVERNMENT NOTICES

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Order 2013-87-02-02 Amending the Non-domestic Substances List

Whereas, pursuant to subsections 87(1) and (5) of the Canadian Environmental Protection Act, 1999 (see footnote a), the Minister of the Environment has added the substances referred to in the annexed Order to the Domestic Substances List (see footnote b);

Therefore, the Minister of the Environment, pursuant to subsections 87(1) and (5) of the Canadian Environmental Protection Act, 1999 (see footnote c), makes the annexed Order 2013-87-02-02 Amending the Non-domestic Substances List.

Gatineau, March 22, 2013

PETER KENT
Minister of the Environment

ORDER 2013-87-02-02 AMENDING THE NON-DOMESTIC SUBSTANCES LIST

AMENDMENT

1. Part Ⅰ of the Non-domestic Substances List (see footnote d) is amended by deleting the following:

5614-37-9

14745-75-6

189354-27-6

COMING INTO FORCE

2. This Order comes into force on the day on which Order 2013-87-02-01 Amending the Domestic Substances List comes into force.

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DEPARTMENT OF THE ENVIRONMENT

DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication after screening assessment of three aviation fuel substances — Distillates (petroleum), sweetened middle (CAS RN (see footnote e) 64741-86-2), Naphtha (petroleum), sweetened (CAS RN 64741-87-3) and Naphtha (petroleum), full-range alkylate butane-containing (CAS RN 68527-27-5) — specified on the Domestic Substances List (subsection 77(1) of the Canadian Environmental Protection Act, 1999)

Whereas Distillates (petroleum), sweetened middle, Naphtha (petroleum), sweetened and Naphtha (petroleum), full-range alkylate butane-containing are substances on the Domestic Substances List identified under subsection 73(1) of the Canadian Environmental Protection Act, 1999;

Whereas a summary of the draft Screening Assessment conducted on the three aviation fuel substances pursuant to section 74 of the Act is annexed hereby;

And whereas it is proposed to conclude that the three aviation fuel substances do not meet any of the criteria set out in section 64 of the Act,

Notice therefore is hereby given that the Ministers of the Environment and of Health propose to take no further action on these substances at this time under section 77 of the Act.

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 on the scientific considerations on the basis of which the measure is proposed. More information regarding the scientific considerations may be obtained from the Government of Canada’s Chemical Substances Web site (www. chemicalsubstances.gc.ca). All comments must cite the Canada Gazette, Part Ⅰ, and the date of publication of this notice and be sent to the Executive Director, Program Development and Engagement Division, Gatineau, Quebec K1A 0H3, 819-953-7155 (fax), substances@ec.gc.ca (email).

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.

DAVID MORIN
Director General
Science and Risk Assessment Directorate
On behalf of the Minister of the Environment
MARGARET KENNY
Director General
Chemicals Sector Directorate
On behalf of the Minister of the Environment
STEVE MCCAULEY
Director General
Energy and Transportation Directorate
On behalf of the Minister of the Environment
KAREN LLOYD
Director General
Safe Environments Directorate
On behalf of the Minister of Health

ANNEX

Summary of the Screening Assessment Report on Aviation Fuels

The Ministers of the Environment and of Health have conducted a screening assessment of the following substances, identified as aviation fuels:

Aviation turbine fuel

CAS RN (see footnote f)

DSL (see footnote g)name

64741-86-2

Distillates (petroleum), sweetened middle

Aviation gasoline fuels

CAS RN

DSL name

64741-87-3

Naphtha (petroleum), sweetened

68527-27-5

Naphtha (petroleum), full-range alkylate butane-containing

These aviation fuels were identified as high priorities for action during the categorization of the DSL, as they were determined to present the “greatest potential” or intermediate potential for exposure of individuals in Canada, and were considered to present a high hazard to human health. These substances met the ecological categorization criteria for persistence or bioaccumulation potential and inherent toxicity to aquatic organisms. These substances were included in the Petroleum Sector Stream Approach (PSSA) because they are related to the petroleum sector and are considered to be of Unknown or Variable composition, Complex reaction products or Biological materials (UVCBs).

Aviation fuels fall under two major categories: aviation turbine fuels (jet fuels) intended for use in aviation gas turbines (compression-ignited turbine jet engines), and aviation gasoline fuels (AVGAS) intended for use in spark-ignited aviation piston engines. The majority (98%) of refinery production is aviation turbine fuel. Aviation gasoline fuel is used in a much smaller quantity, representing approximately 2% of the total aviation fuels in Canada.

Based on experimental, modelled and read-across data, aviation gasoline fuels (CAS RNs 64741-87-3 and 68527-27-5) and aviation turbine fuel (CAS RN 64741-86-2) contain components (up to approximately 13%–30%) that meet the persistence criteria in air as defined in the Persistence and Bioaccumulation Regulations. Based on the available modelled data, the aviation turbine fuel (CAS RN 64741-86-2) contains components (up to 30%) that meet the persistence criteria in soil, water and sediment as defined in the Regulations. The aviation gasoline fuels (CAS RNs 64741-87-3 and 68527-27-5) may contain a low but unquantified proportion of components that meet the persistence criteria in soil, water and sediment as defined in the Regulations.

Based on the combined evidence of empirical and modelled bioaccumulation potential, the aviation gasoline fuels (CAS RNs 64741-87-3 and 68527-27-5) may contain a low but unquantified proportion of components that meet the bioaccumulation criteria as defined in the Persistence and Bioaccumulation Regulations. The aviation turbine fuel (CAS RN 64741-86-2) contains components that meet the bioaccumulation criteria as defined in the Regulations, although the total proportion is unknown.

Some of the components in the aviation turbine fuel (CAS RN 64741-86-2) may meet both the persistence and bioaccumulation criteria as defined in the Persistence and Bioaccumulation Regulations, although the total proportion is unknown. No components in the aviation gasoline fuels (CAS RNs 64741-87-3 and 68527-27-5) were found to meet both the persistence and bioaccumulation criteria as defined in the Regulations.

An analysis of Canadian aviation fuel spills data was done for the years 2000–2009. A risk analysis was conducted with these data which indicates that there is on average fewer than one spill per year for each of aviation gasoline fuels and aviation turbine fuel to water during ship loading, transport and unloading that is of a sufficient size to be expected to be harmful to aquatic organisms (fish, invertebrates, algae, phytoplankton). Spills of aviation gasoline fuels and aviation turbine fuel to soil may cause adverse effects to terrestrial organisms (invertebrates, plants), with approximately four to eight spills to the environment occurring per year of which the average spill volume is expected to cause harm. However, the actual number of spills is expected to be closer to the lower end of the range, and not all of the releases will be of a volume to cause significant harm. No systemic cause for the releases was identified. This analysis excluded spills taking place on the properties of commercial airports or industrial sites (e.g. refineries, bulk storage terminals), as releases at these locations are expected to undergo immediate remediation that would minimize entry into the environment.

Based on the information presented in this screening assessment on the frequency and magnitude of spills, there is low risk of harm to organisms or to the broader integrity of the environment from these substances. It is proposed to conclude that the aviation gasoline fuels (CAS RNs 64741-87-3 and 68527-27-5) and aviation turbine fuel (CAS RN 64741-86-2) do not meet the criteria under paragraph 64(a) or (b) of the Canadian Environmental Protection Act, 1999 (CEPA 1999) as they are not 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, or that constitute or may constitute a danger to the environment on which life depends.

A critical health effect for the initial categorization of aviation fuels was carcinogenicity, based primarily on classifications by international agencies. Additionally, benzene, a component of aviation fuels, has been identified by Health Canada and several international regulatory agencies as a carcinogen, and was added to the List of Toxic Substances in Schedule 1 of CEPA 1999. As the predominant route of exposure to aviation fuels was determined to be inhalation, estimates of cancer potency for inhalation of benzene were used to characterize risk to the general population from evaporative emissions of aviation fuels.

Aviation fuels exhibited mixed results in in vitro and in vivo genotoxicity assays. Results from limited studies in laboratory animals indicated the potential for developmental health effects at high concentrations in mice but not in rats.

The potential for exposure of the general population to evaporative emissions of aviation fuel at Canadian airports and in the vicinity of bulk storage facilities was evaluated. For non-cancer effects, margins of exposure between upper-bounding estimates of exposure and critical effect levels identified in laboratory animals are considered adequate to address uncertainties in the health effects and exposure databases. For cancer, margins of exposure between upper-bounding estimates of exposure and estimates of cancer potency are considered adequate to address uncertainties related to health effects and exposure. Accordingly, it is proposed to conclude that the aviation gasoline fuels (CAS RNs 64741-87-3 and 68527-27-5) and the aviation turbine fuel (CAS RN 64741-86-2) do not meet the criteria under paragraph 64(c) of CEPA 1999 as they are not 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.

Proposed conclusion

It is therefore proposed to conclude that the aviation gasoline fuels (CAS RNs 64741-87-3 and 68527-27-5) and the aviation turbine fuel (CAS RN 64741-86-2) do not meet any of the criteria set out in section 64 of CEPA 1999.

The draft Screening Assessment for these substances is available on the Government of Canada’s Chemical Substances Web site (www.chemicalsubstances.gc.ca).

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DEPARTMENT OF THE ENVIRONMENT

DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication after screening assessment of three fuel oil substances — Fuel Oil No. 4 (CAS RN (see footnote h) 68476-31-3), Fuel Oil No. 6 (CAS RN 68553-00-4)and Residual Fuel Oil (CAS RN 68476-33-5) — specified on the Domestic Substances List (subsection 77(1) and paragraphs 68(b) and (c) of the Canadian Environmental Protection Act, 1999)

Whereas Fuel Oil No. 4 and Fuel Oil No. 6 are substances on the Domestic Substances List that were identified under subsection 73(1) of the Canadian Environmental Protection Act, 1999;

Whereas a summary of the draft Screening Assessment conducted on three fuel oil substances, pursuant to paragraphs 68(b) and (c) and section 74 of the Act, is annexed hereby;

And whereas it is proposed to conclude that the three fuel oil substances do not meet any of the criteria set out in section 64 of the Act,

Notice therefore is hereby given that the Ministers of the Environment and of Health propose to take no further action on these substances at this time under section 77 of the Act.

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 on the scientific considerations on the basis of which the measure is proposed. More information regarding the scientific considerations may be obtained from the Government of Canada’s Chemical Substances Web site (www. chemicalsubstances.gc.ca). All comments must cite the Canada Gazette, Part Ⅰ, and the date of publication of this notice and be sent to the Executive Director, Program Development and Engagement Division, Gatineau, Quebec K1A 0H3, 819-953-7155 (fax), substances@ec.gc.ca (email).

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.

DAVID MORIN
Director General
Science and Risk Assessment Directorate
On behalf of the Minister of the Environment
MARGARET KENNY
Director General
Chemicals Sector Directorate
On behalf of the Minister of the Environment
STEVE MCCAULEY
Director General
Energy and Transportation Directorate
On behalf of the Minister of the Environment
KAREN LLOYD
Director General
Safe Environments Directorate
On behalf of the Minister of Health

ANNEX

Summary of the Screening Assessment Report on Fuel Oil No. 4, Fuel Oil No. 6 and Residual Fuel Oil

The Ministers of the Environment and of Health have conducted a screening assessment of the following heavy fuel oils:

CAS RN (see footnote i)

DSL (see footnote j) name

68476-31-3

Fuel Oil, No. 4

68553-00-4

Fuel Oil, No. 6

68476-33-5

Fuel Oil, Residual

Fuel Oil No. 4 and Fuel Oil No. 6 were identified as high priorities for action during the categorization of the DSL, as they were determined to present the “greatest potential” or intermediate potential for exposure of individuals in Canada, and were considered to present a high hazard to human health. Fuel Oil No. 4 and Fuel Oil No. 6 also met the ecological categorization criteria for persistence or bioaccumulation potential and inherent toxicity to aquatic organisms. Residual Fuel Oil was considered to present a high hazard to human health but low potential for exposure, and was included in this assessment because it has a similar composition and similar properties to Fuel Oil No. 4 and Fuel Oil No. 6. These substances were included in the Petroleum Sector Stream Approach (PSSA) because they are related to the petroleum sector and are considered to be of Unknown or Variable composition, Complex reaction products or Biological materials (UVCBs).

These substances are transported in large volumes from refinery and upgrader facilities to other industrial end users such as pulp mills and large-scale power generation utilities via pipeline, ship, train and truck; therefore, exposure to the environment is expected.

Based on modelled data, Fuel Oil No. 4, Fuel Oil No. 6 and Residual Fuel Oil contain approximately 30%–60% by weight of components that meet the persistence criteria in soil, water and sediment as defined in the Persistence and Bioaccumulation Regulations.

Based on the combined evidence of empirical and modelled bioaccumulation factors, Fuel Oil No. 4, Fuel Oil No. 6 and Residual Fuel Oil contain up to 21% by weight of components that meet the bioaccumulation criteria as defined in the Regulations.

Some components of Fuel Oil No. 4, Fuel Oil No. 6 and Residual Fuel Oil were found to meet both the persistence and bioaccumulation criteria as defined in the Persistence and Bioaccumulation Regulations. These components can be expected to represent up to 11% by weight of these heavy fuel oils (HFOs).

An analysis of Canadian fuel oil spills data was done for the years 2000–2009. A risk analysis was conducted with this data which indicates that there is on average less than one spill per year of sufficient size to be expected to be harmful to aquatic organisms (fish, invertebrates, algae) in the confined marine waters around loading/unloading wharves.

While releases of Fuel Oil No. 4, Fuel Oil No. 6 or Residual Fuel Oil have the potential to have detrimental effects on aquatic birds, due to the very low frequency of spills during transport, harm to birds is not expected.

Based on the information presented in this screening assessment on the frequency and magnitude of spills, there is low risk of harm to organisms or the broader integrity of the environment from these substances. It is proposed to conclude that Fuel Oil No. 4, Fuel Oil No. 6 and Residual Fuel Oil (CAS RNs 68476-31-3, 68553-00-4 and 68476-33-5, respectively) do not meet the criteria under paragraph 64(a) or (b) of the Canadian Environmental Protection Act, 1999 (CEPA 1999) as they are not entering the environment in a quantity or concentration or under conditions that have or may have immediate or long-term harmful effects on the environment or its biological diversity, or that constitute or may constitute a danger to the environment on which life depends.

A critical health effect for the initial categorization of these substances was carcinogenicity, based primarily on classifications by international agencies. Skin painting studies in laboratory animals reported skin tumour development after chronic dermal exposure to Fuel Oil No. 4, Residual Fuel Oil and related HFO substances. Limited in vitro genotoxicity studies were negative for Fuel Oil No. 4 and Fuel Oil No. 6, although other HFOs demonstrated genotoxicity. Dermal studies in laboratory animals of related HFO substances reported reproductive and developmental effects.

The potential for exposure of the general population to Fuel Oil No. 4, Fuel Oil No. 6 and Residual Fuel Oil was assessed. There is limited residential use of and restricted access to these fuels; therefore, exposure of the general population is not expected. Thus, the risk to human health is considered to be low. Accordingly, it is proposed to conclude that Fuel Oil No. 4, Fuel Oil No. 6 and Residual Fuel Oil (CAS RNs 68476-31-3, 68553-00-4 and 68476-33-5, respectively) do not meet the criteria under paragraph 64(c) of CEPA 1999 as they are not 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.

Proposed conclusion

It is therefore proposed to conclude that Fuel Oil No. 4, Fuel Oil No. 6 and Residual Fuel Oil listed under CAS RNs 68476-31-3, 68553-00-4 and 68476-33-5, respectively, do not meet any of the criteria set out in section 64 of the Canadian Environmental Protection Act, 1999.

The draft Screening Assessment for these substances is available on the Government of Canada’s Chemical Substances Web site (www.chemicalsubstances.gc.ca).

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DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Appointments

Name and position

Order in Council

Chartier, The Hon. Richard J.

2013-355

Government of Manitoba

 

Administrator

 

Government of Ontario

2013-356

Administrators

 

Rosenberg, The Hon. Marc

 

May 8 to May 10, 2013

 

Sharpe, The Hon. Robert J.

 

April 8 to April 11, June 5 to June 7 and June 13 to June 15, 2013

 

Smith, The Hon. Heather J.

 

May 16 to May 24 and May 30 to June 1, 2013

 

Pelletier, The Hon. François

2013-326

Government of Quebec

 

Administrator

 

March 23 to April 8, 2013

 

Provo, Dwayne Anthony

2013-207

Social Security Tribunal — Employment Insurance Section

 

Full-time member

 

Welsh, The Hon. B. Gale

2013-357

Government of Newfoundland and Labrador

 

Administrator

 

April 12, 2013

 

April 5, 2013

DIANE BÉLANGER
Official Documents Registrar

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DEPARTMENT OF INDUSTRY

RADIOCOMMUNICATION ACT

Notice No. SMSE-008-13 — New issue of RSS-142

Notice is hereby given by Industry Canada that the following Radio Standards Specification (RSS) comes into force effective immediately:

  • Radio Standards Specification RSS-142, Issue 5: Narrowband Multipoint Communication Systems in the Band 1429.5-1432 MHz, which sets out the certification requirements for radio transmitters and receivers of Narrowband Multipoint Communication Systems (N-MCS), including utility telemetry systems, in the band 1429.5-1432 MHz.

The above-mentioned document was updated to reflect Industry Canada’s recent decision to rescind the operation of N-MCS equipment in the frequency band 1493.5-1496.5 MHz.

General information

The Equipment and Radio Apparatus Standards Lists will be amended to include the relevant changes.

Submitting comments

Interested parties are requested to provide their comments within 120 days of the date of publication of this notice in electronic format (Microsoft Word or Adobe PDF) to the Manager, Radio Equipment Standards (res.nmr@ic.gc.ca), Industry Canada, 300 Slater Street, 19th Floor, Ottawa, Ontario K1A 0C8.

All submissions received by the close of the comment period will be posted on Industry Canada’s Spectrum Management and Telecommunications Web site at www.ic.gc.ca/spectrum.

Obtaining copies

Copies of this notice and of documents referred to herein are available electronically on Industry Canada’s Spectrum Management and Telecommunications Web site at www.ic.gc.ca/spectrum.

Official versions of Canada Gazette notices can be viewed at www.gazette.gc.ca/rp-pr/p1/index-eng.html. Printed copies of the Canada Gazette can be ordered by telephoning the sales counter of Publishing and Depository Services at 613-941-5995 or 1-800-635-7943.

March 1, 2013

MARC DUPUIS
Director General
Engineering, Planning and Standards Branch

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Footnote a
S.C. 1999, c. 33

Footnote b
SOR/94-311

Footnote c
S.C. 1999, c. 33

Footnote d
Supplement, Canada Gazette, Part Ⅰ, January 31, 1998

Footnote e
 The Chemical Abstracts Service Registry Number (CAS RN) is the property of the American Chemical Society and any use or redistribution, except as required in supporting regulatory requirements and/or for reports to the Government of Canada when the information and the reports are required by law or administrative policy, is not permitted without the prior written permission of the American Chemical Society.

Footnote f
The Chemical Abstracts Service Registry Number (CAS RN) is the property of the American Chemical Society and any use or redistribution, except as required in supporting regulatory requirements and/or for reports to the Government of Canada when the information and the reports are required by law or administrative policy, is not permitted without the prior, written permission of the American Chemical Society.

Footnote g
DSL: Domestic Substances List.

Footnote h
 The Chemical Abstracts Service Registry Number (CAS RN) is the property of the American Chemical Society and any use or redistribution, except as required in supporting regulatory requirements and/or for reports to the Government of Canada when the information and the reports are required by law or administrative policy, is not permitted without the prior written permission of the American Chemical Society.

Footnote i
The Chemical Abstracts Service Registry Number (CAS RN) is the property of the American Chemical Society and any use or redistribution, except as required in supporting regulatory requirements and/or for reports to the Government of Canada when the information and the reports are required by law or administrative policy, is not permitted without the prior, written permission of the American Chemical Society.

Footnote j
DSL: Domestic Substances List

.