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

Comments and Reply: Schedule 5

Provincial and industry stakeholders provided comments with respect to Schedule 4 of the proposed Regulations.

It appears that Schedule 5 is similar and identical to Appendix 4 in TDGR. The EIHWR should reference the TDGR schedule to prevent confusion instead of providing a separate Schedule.

There are differences between Leachate Substances in the proposed Regulations, TDGR, and Ontario Regulation 347. There are 2 different Hazardous Constituent Codes No. for Chloroform/Trihalomethanes and Dichloromethane/Methylene Choride, only 1 code should be sued for each of these constituents. There are hazardous constituents not included in TDGR. Environment Canada should consult with Transport Canada and with the Ontario Ministry of the Environment and other provinces to finalize a harmonized list.

The regulatory limit of 0.00015 mg/L total mass in the TCLP under Code No. L100 may be incorrect. This should be 0.0000015 mg/L TEQ.

Response: During consultations, stakeholders recommended that cross-referencing other regulations be kept at a minimum. In addition, Amendment 6 to the TDGR proposes that Appendix 4 (and 5) of Part 2 of the TDGR be dropped. Schedule 5 will, therefore, remain in the proposed Regulations.

Environment Canada agrees that the lists in Schedule 5 of the proposed Regulations should be harmonized. The lists have been re-coded to be harmonized with those used by the Ontario MOE and the U.S. EPA.

During consultations, Environment Canada proposed to update the current hazardous constituents related to the TCLP. These constituents and the regulated limits were determined following work with the provinces and territories.

Environment Canada agrees that there was a transcription error in L100 of Schedule 5. This has been corrected to refer to 0.0000015 mg/L TEQ.

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