Canada Gazette, Part I, Volume 147, Number 50: Disposal at Sea Permit Application Regulations

December 14, 2013

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

The current permit application form that must be completed to enable assessments of permit applications under the Disposal at Sea Regulations is set out in the schedule to the current Regulations Respecting Applications for Permits for Disposal at Sea (the current Regulations). Given the recent amendments to the Canadian Environmental Protection Act, 1999 (“CEPA 1999” or the “Act”), a new set of permit application forms and, consequently, a new set of regulations respecting permit applications are required. These recent amendments to CEPA 1999 concern the introduction of a process to issue renewable permits for certain low-risk, routine projects relating to the loading for disposal and the disposal of waste or other matter at sea (disposal at sea).

Further, improvements to the description of certain information requirements would be made in the new set of permit application forms for disposal at sea. Revised forms would decrease the likelihood of misinterpretation of information requirements experienced by current permit applicants, thereby reducing the amount of time that they spend completing permit applications and obtaining the necessary approvals for these applications.

Background

The Minister of the Environment (the Minister) may, on application, issue permits for projects relating to disposal at sea, pursuant to the permitting provisions in Part 7, Division 3, of CEPA 1999, and where the applicant meets the requirements of the Disposal at Sea Regulations. (see footnote 1) Prior to the modifications to the Disposal at Sea Regulations made this year, permits issued by the Minister for projects involving disposal at sea were valid for at most one year and were not renewable, including permits issued for projects characterized as being low-risk and routine in nature and not varying from year to year, such as maintenance dredging projects and projects involving the disposal of fish processing waste.

On June 29, 2012, the Jobs, Growth and Long-term Prosperity Act (see footnote 2) received Royal Assent and introduced amendments to CEPA 1999. These amendments to the Act, implemented through the Government of Canada’s plan for Responsible Resource Development, allowed for timelines to be set out in regulations regarding the issuance of permits for disposal at sea. These legislative amendments also allowed for permits to be renewed no more than four times, subject to criteria set out in regulations, and also allowed for timelines to be set out for renewals.

The new standards and criteria that apply to the issuance and renewal of permits for disposal at sea are set out in the modifications to the Disposal at Sea Regulations made this year. These modifications will allow for permits to be renewed for projects relating to disposal at sea that are low-risk and routine in nature and that do not vary from year to year, thus reducing the length and complexity of permit applications required to be completed and generating time savings for applicants.

Objectives

The objectives of the proposed Disposal at Sea Permit Application Regulations (the proposed Regulations) are to

• (1) repeal the current Regulations, including the current application form for permits, which would no longer be required; and
• (2) provide applicants with the application forms that would need to be completed to enable assessments of applications for new permits and permit renewals under the Disposal at Sea Regulations.

Description

To properly assess a permit application and the total possible period for which a given permit for disposal at sea may be valid, officials from Environment Canada’s Disposal at Sea Program would require specific information, such as the total quantity of the substance to be disposed of at sea for the initial permit and each expected renewal, as well as the number of times the permit being applied for may require renewal. In order to ensure that officials from the Disposal at Sea Program obtain this information, the application form that is set out in the schedule to the current Regulations must be repealed and replaced with a new application form for new permits as well as with a new application form for permit renewals, both of which are set out in the schedules to the proposed Regulations.

Specifically, Schedule 1 to the proposed Regulations would provide the form in which an application for a new permit for disposal at sea must be submitted. Schedule 1 would include text providing a greater level of detail and clarity than the corresponding text in the schedule to the current Regulations concerning the type and format of information to be submitted when applying for a new permit. Schedule 2 to the proposed Regulations would provide the form in which an application for a renewal of a permit for disposal at sea must be submitted.

Improvements to the level of detail and clarity in the schedule to the current Regulations

By introducing changes which better communicate specific information requirements, the text in Schedule 1 to the proposed Regulations would provide a greater level of detail and clarity in relation to the corresponding text in the schedule to the current Regulations. The following modifications, which are consistent with the current information requirements, would be reflected in Schedule 1:

• The format for positional information used to locate load and disposal sites would be specified, as well as the features to be included in drawings of these sites.
• The components of dredged material or inert, inorganic geological matter that must be included in descriptions of such waste would be listed. The method to be used to calculate the quantity of dredged material or inert, inorganic geological matter to be disposed of would also be specified. In addition, the requirement to include a full metal scan with chemical information describing such waste would be identified. Lastly, current requirements with respect to the establishment of new disposal sites for dredged material or inert, inorganic geological matter would be included.
• The minimum level of information required to assess new permit applications for the disposal of uncontaminated organic matter of natural origin would be listed.
• The requirement that permit applicants demonstrate that bulky substances proposed for disposal meet the definition of bulky substances, as described in Schedule 5 to the Act (“Waste or Other Matter”), would be included.
• The current practice of requiring applicants to estimate the location of material deposition would be listed.

“One-for-One” Rule

The proposed Regulations are projected to result in a decrease in administrative burden costs. Applicants requesting new permits for disposal at sea would require marginally fewer administrative resources than those resources required under current practices. The estimated savings are generated by employing two key assumptions, as described below:

• (1) In 2013, permit applicants (approximately 80) would each need an average of 10 minutes to become familiar with the new set of application forms in the proposed Regulations. (see footnote 3)
• (2) During the completion and approval of the application for new permits, the applicants that are expected to submit such applications would each save an average of 10 minutes each year, due to avoided misinterpretations and verifications with officials from the Disposal at Sea Program and related corrections. Approximately 25 applicants are expected to submit applications for new permits each year. Conversely, it is projected that approximately 55 applicants will be able to renew permits for low-risk, routine projects four out of every five years, in accordance with the Disposal at Sea Regulations, and are thus expected to submit applications for new permits only once every five years.

Altogether, it is projected that, due to the proposed Regulations, affected applicants would collectively realize incremental reductions in annualized costs in the order of $130, or $4 per applicant, over a 10-year period beginning in 2013 (2012 Canadian dollars; present value base year of 2012; 7% discount rate). The net present value of incremental administrative burden savings for all permit applicants during this period is projected to be $1,000.

Small business lens

The proposed Regulations would not impose any notable additional costs on permit applicants, including the estimated 60 small businesses that apply for permits for disposal at sea in Canada on a yearly basis. As a result, the small business lens does not apply to the proposed Regulations.

Consultation

Applicants for permits for disposal at sea are primarily firms and government organizations and include dredging companies, excavation companies, fish processing plants, port authorities, and small craft harbours administered by Fisheries and Oceans Canada. (see footnote 4) Other stakeholders include the public and environmental non-governmental organizations.

The proposed Regulations would implement legislative authorities in CEPA 1999 with respect to permits for disposal at sea, as modified by the Jobs, Growth and Long-term Prosperity Act and executed by means of the Government of Canada’s Responsible Resource Development initiative. Prior to publication of the proposed Regulations in the Canada Gazette, Part Ⅰ, no formal consultations with permit applicants were held, given that the proposed Regulations are not expected to impose any notable incremental administrative or compliance costs on the public, the federal government or applicants.

Rationale

Overall, the net benefit of the proposed Regulations is expected to be positive but small, as the benefits resulting from the introduction of a process to issue renewable permits for disposal at sea are attributable to the modifications to the Disposal at Sea Regulations made this year. The proposed Regulations are administrative in nature, as they would allow permit applicants to apply for renewals and enable the Minister to decide if a specific permit is renewable and the number of times that the permit is potentially renewable. Further, the proposed Regulations would better specify the type and format of information to be submitted by applicants who apply for a new permit. Considering the benefits described above, and provided that there would be minimal cost impacts associated with permit applicants becoming aware of the new set of application forms, the outcome of the proposed Regulations would be positive.

Implementation, enforcement and service standards

The proposed Regulations would come into effect on the day, fixed by order of the Governor in Council, on which the amendments to CEPA 1999 with respect to permits for disposal at sea, introduced by the Jobs, Growth and Long-term Prosperity Act, come into force. However, if the proposed Regulations are registered after that day, they would come into effect on the day on which they are registered.

The proposed Regulations are administrative in nature, given that they would not alter the manner in which the current Regulations are enforced, nor would they result in the implementation of any new program or activity. Since the majority of parties regulated by the current Regulations are well known and most of them are regular permit holders, compliance promotion would consist of verbal and written notifications and explanations, as appropriate, provided directly to regulated parties by officials from the Disposal at Sea Program. In order to communicate with the public and future permit applicants who may not presently be regulated by the current Regulations, fact sheets and information bulletins would be published on the Disposal at Sea Program’s Web site. (see footnote 5)

Contacts

Linda Porebski
Chief
Marine Programs
Environmental Assessment and Marine Programs Division
Environmental Protection Operations Directorate
Environmental Stewardship Branch
Environment Canada
351 Saint-Joseph Boulevard
Gatineau, Quebec
K1A 0H3
Telephone: 819-953-4341
Fax: 819-953-0913
Email: SEA-MER@ec.gc.ca

Yves Bourassa
Director
Regulatory Analysis and Valuation Division
Economic Analysis Directorate
Strategic Policy Branch
Environment Canada
10 Wellington Street
Gatineau, Quebec
K1A 0H3
Telephone: 819-953-7651
Fax: 819-953-3241
Email: RAVD.DARV@ec.gc.ca

PROPOSED REGULATORY TEXT

Notice is given, pursuant to subsection 332(1) (see footnote a) of the Canadian Environmental Protection Act, 1999 (see footnote b), that the Minister of the Environment, pursuant to subsection 135(3) (see footnote c) of that Act, proposes to make the annexed Disposal at Sea Permit Application Regulations.

Any person may, within 60 days after the date of publication of this notice, file with the Minister of the Environment comments concerning 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 of objection must cite the Canada Gazette, Part Ⅰ, and the date of publication of this notice, and be sent to Linda Porebski, Chief, Marine Programs, Environmental Assessment and Marine Programs Division, Environmental Stewardship Branch, Environment Canada, 351 Saint-Joseph Boulevard, Gatineau, Quebec K1A 0H3 (tel.: 819-953-4341; fax: 819-953-0913; email: sea-mer@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.

Gatineau, November 20, 2013

LEONA AGLUKKAQ
Minister of the Environment

DISPOSAL AT SEA PERMIT APPLICATION REGULATIONS

INTERPRETATION

Definition of “Act”

1. In these Regulations, “Act” means the Canadian Environmental Protection Act, 1999.

APPLICATIONS

PERMITS

Permit application

2. An application for a permit referred to in subsection 127(1) or 128(2) of the Act must be submitted in the form set out in Schedule 1 and must contain the information relevant to the application that is provided for in that Schedule.

RENEWAL OF PERMITS

Renewal application

3. An application for a renewal of a permit referred to in subsection 127(1) of the Act must be submitted in the form set out in Schedule 2 and must contain the information relevant to the application that is provided for in that Schedule.

REPEAL

4. The Regulations Respecting Applications for Permits for Disposal at Sea (see footnote 6) are repealed.

COMING INTO FORCE

S.C. 2012, c. 19

5. These Regulations come into force on the day on which subsection 161(3) of the Jobs, Growth and Long-term Prosperity Act, chapter 19 of the Statutes of Canada, 2012, comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

SCHEDULE 1
(Section 2)

Environment Canada

PERMIT APPLICATION (DISPOSAL AT SEA)*

* Ce formulaire est disponible en français.

SUBSTANCE TO BE DISPOSED OF AT SEA

PART A — APPLICANT INFORMATION

PART B — INFORMATION ON PROPOSED ACTIVITY

PART C — CARRIER INFORMATION (if unknown, may be provided at a later date that is prior to the start of operations)

PART D — INFORMATION ON ALTERNATIVES TO DISPOSAL AT SEA

PART E — HISTORICAL DATA

PART F — CHEMICAL, BIOLOGICAL AND PHYSICAL INFORMATION

PART G — PROXIMITY AND MITIGATION

FACILITIES	SYMBOL		SOURCES OF INFORMATION
	OPERATING	HISTORICAL
(a) oil refineries;	(O)	(O*)
(b) mills (specify type);	(M)	(M*)
(c) mines (specify type);	(N)	(N*)
(d) sewage outfalls;	(S)	(S*)
(e) storm drains or pipes;	(P)	(P*)
(f) shipping docks;	(D)	(D*)
(g) other industries (specify); and	(I)	(I*)
(h) other sources of pollution and contamination (specify).	(C)	(C*)
NUMBER OF PAGES ATTACHED _____

SENSITIVE AREAS	SYMBOL	SOURCES OF INFORMATION
(a) recreational areas;	(RA)
(b) spawning and nursery areas;	(SN)
(c) known migration routes of living marine resources;	(MR)
(d) sport and commercial fishing areas;	(FA)
(e) areas of natural beauty or cultural or historical importance;	(BH)
(f) areas of special scientific or biological importance;	(IS)
(g) aquaculture;	(AC)
(h) shipping lanes;	(SL)
(i) areas of the seafloor having engineering uses (mining, cables, desalination or energy conversion sites);	(EU)
(j) marine protected areas, ecological reserves and bird sanctuaries;	(PA)
(k) critical habitat for species at risk; and	(CH)
(l) other areas (describe uses, e.g. water intakes).	(XZ)
NUMBER OF PAGES ATTACHED _____

This application is made for a permit authorizing the activity described in this application. I certify that I have reviewed the information provided in this application and that, to the best of my knowledge and belief, the information is true, complete and accurate. I further certify that I am authorized to undertake the proposed activity or am acting as the applicant’s duly authorized agent.

__________________________________
Date

__________________________________
Name (print)

__________________________________
Signature

__________________________________
Telephone No.

__________________________________
Fax No.

Send the completed permit application, the application fee and all supporting documentation to your nearest regional Disposal at Sea Program office of Environment Canada.

APPENDIX 1

PART 1

MINIMUM INFORMATION REQUIREMENTS (BY TYPE OF SUBSTANCE)
FOR DISPOSAL AT SEA OF WASTE AND OTHER MATTER

Each type of substance requires different information. Provide the required information on the form in the space indicated. Attach additional pages as needed. The Minister of the Environment may require, in accordance with paragraph 127(2)(b) or 128(3)(b) of the Act, further information for the purpose of complying with Schedule 6 to the Act. In the case of disposal at sea by incineration, as referred to in section 128 of the Act, consult Part 2 of this Appendix.

The numbers below correspond to the boxes on the permit application form.

A — DREDGED MATERIAL AND INERT, INORGANIC GEOLOGICAL MATTER

17. Substance to Be Disposed of at Sea

For soil or sediment, indicate the relative presence of

• (a) boulders and cobble;
• (b) gravel;
• (c) sand;
• (d) silt;
• (e) clay;
• (f) peat and other organic soil components; and
• (g) other items in the soil or sediment (e.g., wood waste, seaweed).

For rock, indicate the relative presence of

• (a) sedimentary rock;
• (b) metamorphic rock; and
• (c) igneous rock.

53. Chemical Information

Identify the presence of the following in any soil, sediment and pore water being disposed of:

• (a) cadmium;
• (b) mercury;
• (c) other metals identified through a full metal scan;
• (d) total polychlorinated biphenyls (PCBs);
• (e) total polycyclic aromatic hydrocarbons (PAHs);
• (f) total organic carbon; and
• (g) other chemicals that may be specified by the Minister for the purpose of complying with Schedule 6 to the Act.

55. Physical Information

Provide the following information in respect of the waste to be disposed of:

• (a) the grain size of any soil or sediment; and
• (b) any other physical data that may be specified by the Minister for the purpose of complying with Schedule 6 to the Act.

B — FISH WASTE

17. Substance to Be Disposed of at Sea

Provide the following information in respect of the waste to be disposed of:

• (a) its species;
• (b) its type (e.g., shells or offal); and
• (c) its source.

C — SHIPS, AIRCRAFT, PLATFORMS AND OTHER STRUCTURES (as described in section 3 of Schedule 5 to the Act)

17. Substance to Be Disposed of at Sea

Provide the following information in respect of the waste to be disposed of, if applicable:

• (a) its name;
• (b) the location of its registry;
• (c) its model or official number;
• (d) its dimensions;
• (e) its weight (dead weight tonnage);
• (f) its principal materials of construction;
• (g) its owner’s name and address; and
• (h) its state of seaworthiness.

53. Chemical Information

Describe any cargo, fuel and hazardous materials, including chemicals, left on board.

55. Physical Information

Provide the following information in respect of any ship or aircraft to be disposed of:

• (a) its last cargo;
• (b) the type of engine, if left on board; and
• (c) the nature and weight of any ballast left on board.

D — BULKY SUBSTANCES (as described in section 6 of Schedule 5 to the Act)

17. Substance to Be Disposed of at Sea

Describe the substance’s

• (a) principal components and the composition of those components;
• (b) dimensions (metres);
• (c) weight (tonnes); and
• (d) origin and the process that gave rise to it.

Provide information demonstrating that the substance meets the definition and criteria described in section 6 of Schedule 5 to the Act.

53. Chemical Information

Describe any contamination of the substance by hazardous materials, including chemicals.

E — UNCONTAMINATED ORGANIC MATTER OF NATURAL ORIGIN

17. Substance to Be Disposed of at Sea

Describe the substance’s

• (a) principal components and the composition of those components; and
• (b) origin and the process that gave rise to it.

PART 2

MINIMUM INFORMATION REQUIREMENTS FOR INCINERATION

FOR APPLICATIONS UNDER SECTION 128 OF THE ACT

If this is an application under section 128 of the Act to incinerate a substance to avert an emergency, provide the required information on the form in the space indicated. Attach additional pages as needed. The Minister of the Environment may require, in accordance with paragraph 128(3)(b) of the Act, further information for the purpose of complying with schedule 6 to the Act. Contact your nearest regional Disposal at Sea Program office of Environment Canada before preparing or submitting an emergency permit application.

The numbers below correspond to the boxes on the permit application form.

ALL SUBSTANCES

17. Substance to Be Disposed of at Sea

Provide the following information in respect of the substance to be incinerated:

• (a) its principal components and the composition of those components;
• (b) the products of its combustion and the rate of their production; and
• (c) its origin and the process that gave rise to it.

26. Equipment and Methods

Describe the following in respect of the proposed incineration:

• (a) the incineration equipment to be used;
• (b) the air pollution control equipment to be used;
• (c) the monitoring and control systems in place;
• (d) the stack dimensions;
• (e) the combustion temperature;
• (f) the retention time;
• (g) the combustion and destruction efficiency; and
• (h) the proposed method of loading and storage.

50. Alternatives

Include a justification for the use of incineration versus other disposal options.

53. Chemical Information

Provide the results of the latest tests on stack emissions for particulate matter, hydrogen chloride (HCl), carbon monoxide (CO), dioxins and furans.

58. Mitigation

Describe the following in respect of the proposed incineration:

• (a) the methods of complying with applicable noise by-laws;
• (b) the methods of managing ash and minimizing fugitive emissions;
• (c) the methods of managing wastewater to comply with provincial or municipal discharge limits;
• (d) the methods of preventing hazards to other ships;
• (e) the methods of spill response and contingency plans in the event of a spill;
• (f) the methods of emergency shutdown; and
• (g) the qualifications of the operating personnel.

APPENDIX 2

MINIMUM INFORMATION REQUIREMENTS FOR DISPOSAL
AT NEW DISPOSAL SITES AND ON ICE

Provide the information required for the waste that you are applying to dispose of on the form in the space indicated. Attach additional pages as needed. The Minister of the Environment may require, in accordance with paragraph 127(2)(b) or 128(3)(b) of the Act, further information for the purpose of complying with Schedule 6 to the Act. Contact your nearest regional Disposal at Sea Program office of Environment Canada before collecting data on a new disposal site.

The numbers below correspond to the boxes on the permit application form.

A — DISPOSAL AT A NEW DISPOSAL SITE FOR DREDGED MATERIAL OR INERT, INORGANIC GEOLOGICAL MATTER

24. Disposal Site(s)

Provide information regarding the following in respect of the proposed disposal site:

• (a) bathymetry;
• (b) sediment transport;
• (c) salinity;
• (d) current flows representative of the whole water column at the site;
• (e) the presence of the following chemicals in the sediment and pore water:
  • (i) cadmium,
  • (ii) mercury,
  • (iii) polychlorinated biphenyls (PCBs), and
  • (iv) total polycyclic aromatic hydrocarbons (PAHs);
• (f) benthic and epibenthic communities in the site’s vicinity, unless the proposed disposal site is a “shallow water, high energy” disposal site; and
• (g) any other information that may be specified by the Minister for the purpose of complying with Schedule 6 to the Act.

B — DISPOSAL ON ICE

24. Disposal Site(s)

Provide the following information in respect of the proposed disposal site:

• (a) area of ice to be used;
• (b) thickness of ice (metres);
• (c) estimated date of ice breakup (year/month/day);
• (d) estimated location of ice breakup and material deposition (latitude and longitude);
• (e) estimated time from breakup to melting (days); and
• (f) estimated depth of water (metres).

SCHEDULE 2
(Section 3)

Environment Canada

APPLICATION FOR PERMIT RENEWAL (DISPOSAL AT SEA)*

* Ce formulaire est disponible en français.

PERMIT TO BE RENEWED

PART A — APPLICANT INFORMATION

PART B — INFORMATION ON PROPOSED ACTIVITY

PART C — CARRIER INFORMATION (if unknown, may be provided at a later date that is prior to the start of operations)

This application is made for the renewal of a permit authorizing the activity described in this application. I certify that I have reviewed the information provided in the original permit application and that it is still complete and accurate with the exception of updated information provided in this application for renewal. I certify that I have reviewed the information provided in this application and that, to the best of my knowledge and belief, the information is true, complete and accurate. I further certify that I am authorized to undertake the proposed activity or am acting as the applicant’s duly authorized agent.

_____________
Date

_______________________________________
Name (print)

_______________________________________
Signature

_______________________________________
Telephone No.

_______________________________________
Fax No.

Send the completed permit renewal application, the application fee and all supporting documentation to your nearest regional Disposal at Sea Program office of Environment Canada.

[50-1-o]