Pulp and Paper Mill Effluent Chlorinated Dioxins and Furans Regulations

Regulations Respecting the Release of Polychlorinated Dibenzo-Para-Dioxins and Polychlorinated Dibenzofurans in Effluents from Pulp and Paper Mills 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 December 14, 1991 a copy of the proposed Regulations respecting the release of polychlorinated dibenzo-para-dioxins and polychlorinated dibenzofurans in effluents from pulp and paper mills, and amending the List of Toxic Substances in Schedule I to the Canadian Environmental Protection Act*, substantially in the form annexed hereto; And Whereas, in the opinion of the Governor in Council, pursuant to subsection 34(3) of the Canadian Environmental Protection Act*, the annexed Regulations do not regulate an aspect of any substance that is regulated by or under any other Act of Parliament; Therefore, His Excellency the Governor General in Council, pursuant to section 34** 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 given an opportunity to provide its advice under section 6 of the Act*, is pleased hereby to make the annexed Regulations respecting the release of polychlorinated dibenzo-para-dioxins and polychlorinated dibenzofurans in effluents from pulp and paper mills, and amending the List of Toxic Substances in Schedule I to the Canadian Environmental Protection Act*. R.S., c. 16 (4th Supp.) S.C. 1989, c. 9, s. 2 These Regulations may be cited as the Pulp and Paper Mill Effluent Chlorinated Dioxins and Furans Regulations. In these Regulations, Act means the Canadian Environmental Protection Act, 1999; (Loi) chlorine bleaching plant means a plant in a mill where pulp is bleached by chlorine or chlorine dioxide; (usine de blanchiment au chlore) effluent flowrate means the quantity of an effluent produced by a mill in one day, measured in cubic metres; (débit) final effluent means any water that contains intermediate effluent that is released from a mill and discharged directly into the environment or into an off-site treatment system; (effluent terminal) intermediate effluent means any water that is released during any of the processes in a chlorine bleaching plant; (effluent intermédiaire) measurable concentration of 2,3,7,8-TCDD means a concentration of 2,3,7,8-TCDD that is greater than the level of quantification as defined in the Reference Method; (concentration mesurable de 2,3,7,8-TCDD) measurable concentration of 2,3,7,8-TCDF means a concentration of 2,3,7,8-TCDF that is greater than the level of quantification as defined in the Reference Method and that, when multiplied by 0.1, exceeds 5 ppq; (concentration mesurable de 2,3,7,8-TCDF) mill means a factory that contains a chlorine bleaching plant and that produces pulp or paper products, and any effluent treatment plant that is owned by the owner of that factory; (fabrique) off-site treatment system means an effluent treatment plant, other than a mill, that treats final effluent from a mill; (installation extérieure de traitement) operator means the person in charge of the operation of a mill; (exploitant) paper products includes paper, coated paper, paperboard, hardboard, boxboard, linerboard, insulating board, building board, corrugated medium, tissue or moulded cellulose product but does not include a regenerated cellulose product; (produits du papier) ppq means parts per quadrillion, being parts per 1015 parts; (ppq) Reference Method means the Reference Method for the Determination of Polychlorinated Dibenzo-para-dioxins (PCDDs) and Polychlorinated Dibenzofurans (PCDFs) in Pulp and Paper Mill Effluents, published by the Department of the Environment, Report EPS 1/RM/19, 1992, as amended from time to time; (méthode de référence) 2,3,7,8-substituted PCDDs means any polychlorinated dibenzo-para-dioxin that has the molecular formula C12H8-nC1n02, in which “n” is not less than 4 and not more than 8 and chlorine atoms are located at the 2,3,7,8 positions on the molecule; (PCDD chlorées aux positions 2,3,7 et 8) 2,3,7,8-substituted PCDFs means any polychlorinated dibenzofuran that has the molecular formula C12H8-nCln0, in which “n” is not less than 4 and not more than 8 and chlorine atoms are located at the 2,3,7,8 positions on the molecule; (PCDF chlorés aux positions 2,3,7 et 8) total PCDDs means the sum of the concentrations of all polychlorinated dibenzo-para-dioxin congeners that have the molecular formula C12H8-nCln02, in which “n” is not less than 4 and not more than 8; (PCDD totales) total PCDFs means the sum of the concentrations of all polychlorinated dibenzofuran congeners that have the molecular formula C12H8-nC1n0, in which “n” is not less than 4 and not more than 8; (PCDF totaux) 2,3,7,8-TCDD means 2,3,7,8-tetrachlorodibenzo-para-dioxin; (2,3,7,8-TCDD) 2,3,7,8-TCDF means 2,3,7,8-tetrachlorodibenzofuran. (2,3,7,8-TCDF) The owner of a mill shall ensure that the operator operates the mill in accordance with these Regulations. Subject to subsection (2), effective July 1, 1992, no operator shall release or permit to be released into the environment final effluent that contains any measurable concentration of 2,3,7,8-TCDD or measurable concentration of 2,3,7,8-TCDF. Subsection (1) does not apply before January 1, 1994 to an operator in charge of a chlorine bleaching plant that commenced operation before June 1, 1990 who submits to the Minister, within 60 days after the coming into force of these Regulations, plans, specifications and schedules for the implementation of measures that will enable the operator to achieve compliance with subsection (1). For the purposes of these Regulations, samples shall be taken and concentrations shall be measured in accordance with the Reference Method. Effective July 1, 1992, the operator shall take samples of the final effluent in accordance with the sampling schedule for final effluent set out in Schedule I. Effective July 1, 1992, the operator shall report to the Minister the concentrations of the substances set out in Schedule II that are in the final effluent samples, and the effluent flowrate of the final effluent. The Minister may, in writing, request that the operator conduct, within the time set out in the request, specified tests to determine the presence of PCDDs and PCDFs in the final effluent, intermediate effluent and in the pulp and sludge produced in the mill; specified tests to determine the effect of operating conditions in the mill on the concentration of PCDDs and PCDFs; and toxicological studies on the final effluent, intermediate effluent and in the pulp and sludge produced in the mill. The Minister may, in writing, request that the operator submit, within the time set out in the request, results of the tests and studies conducted pursuant to subsection (1); and information relating to the presence of PCDDs and PCDFs in the final effluent, intermediate effluent and in the pulp and sludge produced in the mill and relating to the operating conditions of the mill. The operator shall conduct any test and study and submit any information requested by the Minister pursuant to subsection (1) or (2) within the time set out in the request. The information specified in subsection 6(2) shall be submitted to the Minister within 60 days after the day on which any sample is taken pursuant to Schedule I. An operator who submits to the Minister information respecting the concentration of substances pursuant to subsection 6(2) shall also submit the information required by the Reference Method. The information referred to in section 6 shall be submitted in writing or in an electronic format, where the electronic format is provided by the Department of the Environment. Any report or information that is submitted to the Minister pursuant to this section shall be signed by the operator. [Repealed, SOR/2000-102, s. 10] Beginning on July 1, 1992 and ending on December 31, 1993, one 24-hour composite sample of the final effluent shall be collected during any day in which the chlorine bleaching plant is operating during the first month of each quarter of a given year. Effective January 1, 1994, one 24-hour composite sample of the final effluent shall be collected during each month during any day in which the chlorine bleaching plant is operating, with a minimum of 21 days between any sample collection. Effective January 1, 1995, subject to item 6, where no measurable concentration of 2,3,7,8-TCDD and no measurable concentration of 2,3,7,8-TCDF have been detected in the final effluent for the last three consecutive months, one 24-hour composite sample of the final effluent shall be collected once every quarter during any day in which the chlorine bleaching plant is operating. Effective January 1, 1996, subject to item 6, where no measurable concentration of 2,3,7,8-TCDD and no measurable concentration of 2,3,7,8-TCDF have been detected in the final effluent for three consecutive quarters, one 24-hour composite sample of the final effluent shall be collected annually during any day in which the chlorine bleaching plant is operating, with a minimum of 350 days between any sample collection. An operator may commence the monthly sampling referred to in item 2, prior to January 1, 1994, and, after at least twelve consecutive monthly samples as described in item 2, may proceed to the quarterly sampling referred to in item 3, if the conditions required for quarterly sampling exist; and proceed to annual sampling referred to in item 4, if the conditions required for annual sampling exist. If an accelerated schedule is followed as described in subitem (1), item 6 applies to that sampling schedule. Where for any quarterly or annual samples there are measurable concentration of 2,3,7,8-TCDD or measurable concentration of 2,3,7,8-TCDF, one 24-hour composite sample of the final effluent shall be collected monthly until no measurable concentration of 2,3,7,8-TCDD and no measurable concentration of 2,3,7,8-TCDF have been detected for the period set out in item 3 or 4 at which time that item applies.