Secondary Lead Smelter Release Regulations

Regulations Respecting the Release into the Ambient Air of Lead from Secondary Lead Smelters Whereas, pursuant to subsection 48(1) of the Canadian Environmental Protection Act*, the Minister of the Environment published in the Canada Gazette Part I on September 15, 1990, a copy of the proposed Regulations respecting the release into the ambient air of lead from secondary lead smelters, substantially in the form annexed hereto; R.S., c. 16 (4th Supp.) And Whereas, in the opinion of the Governor in Council, pursuant to subsection 34(3) of that Act, the annexed Regulations do not regulate an aspect of a substance that is regulated by or under any other Act of Parliament; Therefore, His Excellency the Governor General in Council, pursuant to subsection 34(1)** of the Canadian Environmental Protection Act*, on the recommendation of the Minister of the Environment and the Minister of National Health and Welfare, and after the federal-provincial advisory committee has been provided an opportunity to render its advice under section 6 of that Act, is pleased hereby to revoke the Secondary Lead Smelter National Emission Standards Regulations, C.R.C., c. 412, and to make the annexed Regulations respecting the release into the ambient air of lead from secondary lead smelters, in substitution therefor. S.C. 1989, c. 9, s. 2 These Regulations may be cited as the Secondary Lead Smelter Release Regulations. In these Regulations, ambient air means the atmosphere surrounding the earth but does not include the atmosphere within a structure or within any underground space; (air ambiant) dry means a condition that does not include uncombined water vapour; (à sec) lead alloy means an alloy of lead that contains forty per cent or more of lead by weight; (alliage de plomb) normal cubic metre or norm. m3 means, in respect of a gas, the quantity of gas occupying a volume of one cubic metre at 25°C and at a pressure of 760 mm of mercury; (mètre cube normal or m3 norm) particulate matter means particulate matter containing lead or lead in combination with any other substance; (particules) reverberatory furnace includes a stationary, rotating or rocking and tilting furnace; (four à réverbère) secondary lead smelter means any plant or factory in which lead-bearing scrap or lead-bearing materials, other than lead-bearing concentrates derived from a mining operation, are processed by metallurgical or chemical process into refined lead, lead alloys or lead oxide; (fonderie de plomb de seconde fusion) undiluted means a condition that does not include air or other gases in excess of the quantity necessary for processing requirements at a secondary lead smelter. (non dilué) The concentration of particulate matter that the owner or operator of a secondary lead smelter releases into the ambient air shall not exceed 0.046 grams per normal cubic metre, in the case of operations involving the use of blast furnaces, cupolas or reverberatory furnaces, and 0.023 grams per normal cubic metre, in the case of operations involving the use of holding furnaces, kettle furnaces or lead oxide production units or involving scrap handling and material handling, crushing, furnace tapping, furnace slagging, furnace cleaning or casting, whether released separately or in combination with releases from other sources, measured dry and undiluted in accordance with the method described in Standard Reference Methods for Source Testing: Measurement of Emissions of Particulate Matter and Lead from Secondary Lead Smelters, Department of the Environment Report EPS-1-AP-78-3 dated June 1979, as amended from time to time. Subject to section 5, the concentration of lead in particulate matter that the owner or operator of a secondary lead smelter releases into the ambient air from the operations referred to in paragraphs 3(a) and (b) shall not exceed sixty-three per cent by weight of the particulate matter measured by the method described in Standard Reference Methods for Source Testing: Measurement of Emissions of Particulate Matter and Lead from Secondary Lead Smelters, Department of the Environment Report EPS-1-AP-78-3 dated June 1979, as amended from time to time. The concentration of lead in particulate matter that is released from the operations referred to in paragraphs 3(a) and (b) may exceed sixty-three per cent by weight of the particulate matter where the quantity of that particulate matter released from those operations is reduced so that the quantity of lead released is equivalent to sixty-three per cent by weight of a particulate matter release of 0.046 grams per normal cubic metre, in the case of the operations referred to in paragraph 3(a); or 0.023 grams per normal cubic metre, in the case of the operations referred to in paragraph 3(b). No particulate matter shall be released into the ambient air from the storage of lead-bearing scrap or lead-bearing material in or about a secondary lead smelter, other than as a result of handling. Notwithstanding sections 3 and 4, the concentrations of particulate matter and of lead in particulate matter set out in those sections may be exceeded in the event of a malfunction or breakdown in the air pollution control equipment or the process equipment associated with the operations referred to in section 3 where the time during which the release standards are exceeded does not exceed in respect of a cupola or blast furnace, a total of two hours per month; in respect of a reverberatory furnace, a total of one hour per month; and in respect of a holding furnace, kettle furnace or lead oxide production unit, 15 minutes for a single malfunction or breakdown, and a total of one hour per month. The Minister may request the owner or operator of a secondary lead smelter to submit to the Minister information and samples respecting the operation of the smelter or the malfunction or breakdown of its air pollution equipment or process equipment. Where, pursuant to section 8, the Minister requests information respecting the operation of a secondary lead smelter, the owner or operator of the smelter shall submit to the Minister a duly completed Release Measurement Report in the form set out in Schedule I. The report referred to in subsection (1) shall contain information that is obtained from release measurements and subsequent analysis of samples taken from the appropriate sources at the secondary lead smelter during the sixty days preceding the date on which the report is required to be submitted to the Minister pursuant to subsection (3). The report referred to in subsection (1) shall be submitted to the Minister in respect of the operations referred to in paragraph 3(a), at intervals of six months, and in respect of the operations referred to in paragraph 3(b), at intervals of twelve months, the intervals to commence three months after the request is made by the Minister. For the purposes of subsection (2), at the request of the Minister, release measurements shall be carried out in the presence of an enforcement officer. The analysis referred to in subsection (2) shall be carried out in accordance with the appropriate methods described in sections 3 and 4 and all samples shall be taken during normal operating conditions of the secondary lead smelter; and in the case of furnace operation sampling, during representative periods of furnace operation including charging and tapping. The release measurements referred to in section 9 shall consist of at least three valid test runs and the release measurement result shall be the arithmetic average of the results of these valid test runs. For the purposes of section 10, a valid test run means a release measurement the result of which does not vary by more than twenty-five per cent from the arithmetic average of the results of all release measurements made for the tested operation; and that is made using a sample taken over a minimum continuous operating period of 120 minutes. Where the detailed calculations of the test data set out in the report referred to in subsection 9(1) are not appended to the report, the owner or operator of a secondary lead smelter shall, within thirty days after submitting the report, submit those detailed calculations in writing to the Minister. Where, pursuant to section 8, the Minister requests information respecting a malfunction or breakdown in the air pollution control equipment or the process equipment associated with the operations referred to in section 3, the owner or operator of the secondary lead smelter shall submit to the Minister a duly completed Malfunction or Breakdown Report in the form set out in Schedule II on a monthly basis commencing two months after the request is made by the Minister. Any report submitted under section 9 or 13 by a corporation shall be signed by an officer authorized by the corporation to sign the report on its behalf. Where, pursuant to section 8, the Minister requests samples of gas streams released into the ambient air from a secondary lead smelter and such related information as will enable the Minister to cause analysis to be made of the concentration of particulate matter in those gas streams, the owner or operator of the secondary lead smelter shall take the samples at six month intervals, in accordance with the method described in Standard Reference Methods for Source Testing: Measurement of Emissions of Particulate Matter and Lead from Secondary Lead Smelters, Department of the Environment Report EPS-1-AP-78-3 dated June 1979, as amended from time to time and shall forthwith submit the samples and related information to the Minister. For the purposes of subsection (1), at the request of the Minister, the samples shall be taken in the presence of an enforcement officer. Name of Owner or Operator Address of Smelter Telephone Number of Smelter Unit or Process Tested Date of Measurement (Signature) (Title) (Date) Test result (average of valid test runs) particulate matter (g/norm. m3) lead content of particulate matter (%) Signature of Attending Enforcement Officer (if applicable) During the month of 19 Unit or Process Date of Malfunction or Breakdown Time Duration (min) Production Rate (tonnes of lead/h) Nature of Malfunction or Breakdown Estimated particulate matter release rate during malfunction or breakdown (g/norm. m3)