Vol. 147, No. 51 — December 21, 2013

GOVERNMENT NOTICES

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Ministerial Condition No. 15543a (Variation to Ministerial Condition No. 15543)

Ministerial Condition

(Subsection 84(3) of the Canadian Environmental Protection Act, 1999)

Whereas the Minister of the Environment and the Minister of Health have assessed information pertaining to the substance poly[oxy(methyl-1,2-ethanediyl)], α-sulfo-ω-hydroxy-, branched alkyl ethers, sodium salts;

Whereas the ministers suspect that the substance is toxic or capable of becoming toxic within the meaning of section 64 of the Canadian Environmental Protection Act, 1999;

And whereas the Minister of the Environment had imposed Ministerial Condition No. 15543 pertaining to the substance poly[oxy(methyl-1,2-ethanediyl)], α-sulfo-ω-hydroxy-, branched alkyl ethers, sodium salts on July 2, 2009,

The Minister of the Environment, pursuant to subsection 84(3) of the Canadian Environmental Protection Act, 1999, hereby varies Ministerial Condition No. 15543 in accordance with the conditions of the following annex.

LEONA AGLUKKAQ
Minister of the Environment

ANNEX

(Subsection 84(3) of the Canadian Environmental Protection Act, 1999)

1. The Annex of Ministerial Condition No. 15543 is replaced by the following:

ANNEX

Conditions

1. The following definitions apply in these ministerial conditions:

“notifier” means the person who has, on March 4, 2009, provided to the Minister of the Environment the prescribed information concerning the substance, in accordance with subsection 81(1) of the Canadian Environmental Protection Act, 1999.

“substance” means poly[oxy(methyl-1,2-ethanediyl)], α-sulfo-ω-hydroxy-, branched alkyl ethers, sodium salts.

“waste” includes effluents resulting from rinsing vessels that contained the substance, process effluents that contain the substance and any residual amounts of the substance.

2. The notifier may import or manufacture the substance in accordance with the present ministerial conditions.

Restriction

3. The notifier may import or manufacture the substance to use it only in oil production operations or to transfer its physical possession or control to a person who will use it only in these operations.

4. At least 60 days prior to beginning manufacturing the substance in Canada, the notifier shall inform the Minister of the Environment, in writing, and provide the following information:

  • (a) the information specified in item 5 of Schedule 10 to the New Substances Notification Regulations (Chemicals and Polymers);

  • (b) the information specified in paragraph 11(c) of Schedule 11 to those Regulations;

  • (c) a brief description of the manufacturing process that details the reactants and monomers used, reaction stoichiometry, batch or continuous nature of the process and scale of the process;

  • (d) a flow diagram of the manufacturing process that includes features such as process tanks, holding tanks and distillation towers; and
  • (e) a brief description of the major steps in manufacturing operations, the chemical conversions, the points of entry of all reactants, the points of release of the substance and the processes to eliminate environmental releases.

Handling and Disposal of the Substance

5. The notifier or the person to whom the substance has been transferred must collect any waste in their physical possession or under their control and destroy or dispose of it in the following manner:

  • (a) on-shore deep-well injection in accordance with the laws of the jurisdiction where the well is located;

  • (b) incineration in accordance with the laws of the jurisdiction where the disposal facility is located; or

  • (c) deposition in a secure landfill, in accordance with the laws of the jurisdiction where the landfill is located, if it cannot be destroyed or disposed of in accordance with paragraph (a) or (b).
Environmental Release

6. Where any release of the substance to the environment occurs other than an injection into a petroleum reservoir for the purposes of oil production, the person who has the physical possession or control of the substance shall immediately take all measures necessary to prevent any further release and to limit the dispersion of any release. Furthermore, the person shall inform the Minister of the Environment immediately by contacting an enforcement officer, designated under the Canadian Environmental Protection Act, 1999, of the Environment Canada Regional Office that is closest to where the release occurred.

Record-keeping Requirements

7. (1) The notifier shall maintain electronic or paper records, with any documentation supporting the validity of the information contained in these records, indicating

  • (a) the quantity of the substance that the notifier manufactures, imports, purchases, sells and uses;

  • (b) the name and address of each person to whom the notifier transfers the physical possession or control of the substance; and

  • (c) the name and address of the person in Canada who has disposed of the substance or of waste for the notifier, the method used to do so, and the quantities of the substance or waste shipped to that person.

(2) The notifier shall maintain electronic or paper records mentioned in subitem (1) at the notifier’s principal place of business in Canada for a period of at least five years after they are made.

Other Requirements

8. The notifier shall inform any person to whom they transfer the physical possession or control of the substance or of waste, in writing, of the terms of the present ministerial conditions. The notifier shall obtain, prior to any transfer of the substance, written confirmation from this person that they were informed of the terms of the present ministerial conditions. This written confirmation shall be maintained at the notifier’s principal place of business in Canada for a period of at least five years from the day it was received.

Coming into Force

2. The present variation to Ministerial Condition No. 15543 comes into force on December 2, 2013.

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