Reply to Comments Received in Submissions on the Proposed Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations

• Biomedical Waste
• Used Oil
  • Definition
  • Environmentally Sound Management and Issuance of Permits
• Used Oil-Filters
• Glycols

A number of industry, association and provincial stakeholders provided comments with respect to the items set out in Schedule 3.

Biomedical Waste

Provincial and industry stakeholders commented that the definition of biomedical waste should be further clarified.

There is no threshold related to the level of contamination for materials that have been in contact with blood or bodily fluids. The words "saturated or dripping" as per the CCME definition, or similar wording in concept, should be incorporated into the EIHWHRMR definition.

For the purposes of clarification, cytotoxic wastes should be included in a sub-class under biomedical waste.

There does not appear to be any restriction associated with the presence of certain micro-organisms for animal waste to qualify as biomedical waste (in the case of animal infectious substances). The definition suggests that any animal waste is biomedical waste, including the routine waste generated from slaughterhouses.

With the seeming resurgence of highly infectious agents e.g. SARS, necrotizing fasciitis (flesh eating disease), a closer analysis of defining and handling of biomedical waste may be in order.

There also do not appear to be exemptions for biomedical waste generated by households, or "treated" biomedical waste, where the term "treated" is used in the context of treatment approved by the relevant authority (provincial, territorial, state, federal as appropriate).

How would TDGR regulated medical waste be classified using this definition? Would the UN2814 classification or the HAZ 1 classification include infectious waste? Using the UN3291 definition and classification would simplify things a great deal since Transport Canada only regulates infectious substances that are classified as UN2814 or UN2900 while the Provinces tend to use the CCME definition or something more specific like Ontario.

Response: Environment Canada has further clarified the definition of biomedical waste. Provisions have been incorporated to restrict the definition to waste that is saturated with blood or bodily fluids. In addition, cytotoxic wastes have been clarified as a sub-class of the definition, consistent with the approach taken by some provinces and territories, including Ontario and British Columbia. The definition has also been clarified to control solid animal-wastes only if infected or suspected to be infected with Risk Groups 3 or 4 under the TDGR.

The definition of hazardous waste excludes waste generated by households.

The UN Pin Number set out in the TDGR must be included in the notification, as applicable.

Used Oil

Provincial and industry stakeholders commented on the proposed definition of used oil, and some stakeholders requested further clarification.

Definition

With respect to the definition of used lubricating oils industry and provincial stakeholders commented that:

What is the basis for the 500 litre quantity threshold in the EIHWHRMR? BC regulates waste oil as hazardous waste in quantities exceeding 5 litres, and requires the use of a manifest for the transportation of quantities of waste oil exceeding 210 litres (approx. 1 drum) and requires generators and those storing waste oil to register with the ministry if the quantities generated (within 30 days) or stored at any time exceed 5,000 litres.

The column 2 description of HAZ2 does not specifically include oils used in heat transfer systems. We request clarification that oils used in these systems are included in the description; we believe used lube oil is required to be listed as a hazardous material.

The proposal to list used lubricating oils as a regulated material will result in a significant increase in the quantity of material tracked by Environment Canada.

The description of used lubricating oil should be modified to be consistent with language developed by used oil stewardship programs across Canada.

"Used lubricating Oil in quantities of 500 L or more and a concentration of 50% or more that includes petroleum-derived or synthetic crankcase oils, engine oil, hydraulic fluid, transmission fluid, gear oil, heat transfer fluid or other oil or fluid used for lubricating machinery or equipment."

At a 50% concentration, there would be an economic deterrent to dilute the used oil to avert the Regulations and then once shipped across the border to have to remove the water prior to using oil as fuel in burners without pollution controls.

Environment Canada is proposing to list used oil as a CEPA toxic because it contains contaminants that are harmful to human health and the environment. Controlling the export or import permits would prevent raw used oil from being burned prior to removing contaminants.

Hazard classes should be assigned to this waste stream and testing out should be feasible

Response: Used oils typically contain quantities of hazardous substances that can pose a risk to the environment and human health. Accordingly, these proposed Regulations set out controls for the export, import, and transit of used oils intended for disposal or recycling.

The threshold quantity at which used oil is controlled was established through public consultation and in collaboration with the provinces and territories. This threshold was set at a 500 L to ensure that transboundary movements of used oil resulting from farming operations or personal uses would not be subject to the proposed Regulations. A concentration has not been included, as this listing is designed to capture used oils rather than oily wastewater, which may be subject to the proposed Regulations if it exhibits a hazard.

The listing of used oil in the proposed Regulations does not preclude their export or import, provided the person intending to undertake the transboundary movement notifies and receives a permit from Environment Canada.

Environmentally Sound Management and Issuance of Permits

An industry and association stakeholder commented that ESM criteria should be used to ensure that used oils will be managed in an environmentally sound method prior to the issuance of an export or import permit.

Environment Canada should adopt the Basel Convention Draft Technical Guidelines on Used Oil which states the "first option in the waste management hierarchy is to conserve the original properties of the oil allowing for direct re-use. The second option is to recover its heating value. Re-refining could be seen as one of the preferred methods of disposal of used oil" and require persons submitting a notice to export used oil apply the technical considerations and indicate how they have addressed the availability of R9 methods as a condition of the notice for review.

For used oil intended to be exported for energy recovery (R1), the exporter must demonstrate in the notice that the used oil meets the detailed requirements of ASTM D6448-99 Standard Specification for Industrial Burner Fuels from Used Lubrication Oils. We request that the DOE adopt this ASTM standard specification for industrial burner fuel from used lubricating oil.

Under the principles of ESM Environment Canada should consider all notices for the export of used oil for R1 activities only after considering the R9 capability in Canada and the exporter must identify and report that the used oil will go to an identified "authorized facility" that meets the ESM criteria as described in the Regulations.

To ensure that used oils exported or imported are managed using ESM principles, Environment Canada should not issue permits unless the used oil is intended to be re-refined (R9) or prior to being used for energy recovery (R1) it is processed into fuels that meet the industry standard such as the Canadian General Standards Board standard for residual fuels, fuel oil, heating.

Response: The proposed Regulations are consistent with both the Basel Convention and the OECD Decision, which specify R1 and R9 as acceptable recycling operations.

Used Oil-Filters

With respect to used oil filters, industry and provincial stakeholders commented that:

What is the basis for the 6 per cent oil content threshold for used oil filters? BC regulates waste oil filters containing more than 3 per cent of oil by mass as hazardous waste, although historically has provided limited, specific regulatory exemptions for processed filters (i.e.: crushed and drained) containing up to 6 per cent oil by mass.

Used oil filters should be removed from Schedule 3 as this waste would be subject to the EIHWR as a potential leachable toxic waste for which testing would be required.

Response: Used oil-filters typically contain quantities of hazardous substances that can pose a risk to the environment and human health. The proposed listing is consistent with the results of public consultations, which included provinces and territories.

Glycols

With respect to spent glycols, industry and provincial stakeholders commented that:

Some provinces do not currently regulate spent cooling fluids and glycols as hazardous waste unless the material is a waste dangerous good, exhibits the leachate toxicity characteristic or other hazard characteristic. Designating this waste stream as hazardous in the federal export/import regulations will create an inconsistency between the federal and BC regulations.

We agree that glycol does not require new controls.

Industry does not believe that glycols require control since they do not exhibit a hazard.

Glycols used in the de-icing process be prevented from entering the environment, recycled where appropriate and exported as hazardous waste for final disposal.

Response: Environment Canada agrees that glycols do not require controls for the purpose of the proposed EIHWR, since they do not typically exhibit a hazard. As such, this listing has been removed from the proposed Regulations.