GOVERNMENT NOTICES

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice is hereby given that, pursuant to section 127 of the Canadian Environmental Protection Act, 1999, Disposal at Sea Permit No. 4543-2-03478 authorizing the loading for disposal and the disposal of waste or other matter at sea is approved.

 1. Permittee: Delta Tug & Barge Ltd., Delta, British Columbia.

 2. Waste or other matter to be disposed of: Dredged material.

2.1. Nature of waste or other matter: Dredged material consisting of rock, gravel, sand, silt, clay, non-reusable concrete, wood waste, or material typical to the approved loading site, except logs and usable wood. The Permittee shall ensure that every effort is made to prevent the deposition of log bundling strand into waste or other matter approved for loading and disposal at sea and/or remove log bundling strand from waste or other matter approved for loading and disposal at sea.

 3. Duration of permit: Permit is valid from October 5, 2009, to October 4, 2010.

 4. Loading site(s):

(a) Various approved sites in the Fraser River Estuary, British Columbia, at approximately 49°11.90′ N, 123°07.88′ W (NAD83);

(b) Various approved sites in Howe Sound, British Columbia, at approximately 49°29.82′ N, 123°18.24′ W (NAD83);

(c) Various approved sites in Vancouver Harbour, British Columbia, at approximately 49°18.70′ N, 123°08.00′ W (NAD83); and

(d) Various approved sites near Vancouver Island, British Columbia, at approximately 49°22.45′ N, 123°56.42′ W (NAD83).

 5. Disposal site(s):

(a) Cape Mudge Disposal Site, within a 0.5 nautical mile radius of 49°57.70′ N, 125°05.00′ W (NAD83);

(b) Comox (Cape Lazo) Disposal Site, within a 0.5 nautical mile radius of 49°41.70′ N, 124°44.50′ W (NAD83);

(c) Five Finger Island Disposal Site, within a 0.5 nautical mile radius of 49°15.20′ N, 123°54.70′ W (NAD83);

(d) Malaspina Strait Disposal Site, within a 0.5 nautical mile radius of 49°45.00′ N, 124°27.00′ W (NAD83);

(e) Point Grey Disposal Site, within a one nautical mile radius of 49°15.40′ N, 123°21.90′ W (NAD83);

(f) Porlier Pass Disposal Site, within a 0.5 nautical mile radius of 49°00.20′ N, 123°29.90′ W (NAD83); and

(g) Watts Point Disposal Site, within a 0.25 nautical mile radius of 49°38.50′ N, 123°14.10′ W (NAD83).

 6. Method of loading: Loading will be carried out using cutter suction dredge, barge-mounted excavator or clamshell dredge.

 7. Route to disposal site(s) and method of transport: Most direct navigational route from the loading site to the disposal site via pipeline, hopper scow, towed scow or hopper dredge.

 8. Method of disposal: Disposal will be carried out by pipeline, bottom dumping, end dumping, or cutter suction dredge.

 9. Total quantity to be disposed of: Not to exceed 50 000 m³.

10. Approvals: The Permittee shall obtain a Letter of Approval from the permit-issuing office for each loading and disposal activity prior to undertaking the work, and adhere to the conditions in the Letter of Approval.

11. Fees: The fee prescribed by the Ocean Dumping Permit Fee Regulations (Site Monitoring) shall be paid by the Permittee in accordance with those Regulations.

12. Inspection:

12.1. By accepting this permit, the Permittee and their contractors accept that they are subject to inspection pursuant to Part 10 of the Canadian Environmental Protection Act, 1999.

12.2. The Permittee shall ensure that records of all loading and disposal activities are kept on site for the duration of the permit and are available for inspection for two years following the expiry of the permit by any enforcement officer or analyst.

12.3. Ships operating under the authority of this permit shall carry and display a radar-reflecting device at all times mounted on the highest practical location.

13. Contractors:

13.1. The loading or disposal at sea referred to under this permit shall not be carried out by any person without written authorization from the Permittee.

13.2. The Permittee shall ensure that all contractors involved in the loading or disposal activity for which the Permit is issued adhere to the conditions in the Permit and are aware of possible consequences of any violation of these conditions.

14. Reporting and notification:

14.1. The Permittee shall provide the following information at least 48 hours before loading and disposal activities commence: name or number of ship, platform or structure used to carry out the loading and/or disposal, name of the contractor including corporate and on-site contact information, and expected period of loading and disposal activities. The above-noted information shall be submitted to Environment Canada’s Environmental Enforcement Division, Pacific and Yukon Region, by fax to 604-666-9059 or by email at das.pyr@ec.gc.ca.

14.2. The Permittee shall submit a written report to the Minister, as represented by the Regional Director of the Environmental Protection Operations Directorate, Pacific and Yukon Region, 201–401 Burrard Street, Vancouver, British Columbia V6C 3S5, within 30 days of either the completion of the work or the expiry of the permit, whichever comes first. This report shall contain the following information: a list of all work completed pursuant to the permit, including the names of the loading and disposal sites used, the quantity of matter disposed of at the disposal site(s), and the dates on which disposal activities occurred.

STEVEN WRIGHT
Environmental Protection Operations Directorate
Pacific and Yukon Region
On behalf of the Minister of the Environment

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DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice of intent to amend the Domestic Substances List under subsection 87(3) of the Canadian Environmental Protection Act, 1999 to indicate that subsection 81(3) of the Act applies to five substances

This notice applies to the following substances:

1. 3H-Pyrazol-3-one, 4-[(2-chlorophenyl)azo]-2,4-dihydro-5-methyl-2-phenyl- (Chemical Abstracts Service [CAS] Registry No. 6407-74-5);

2. 3H-Pyrazol-3-one, 4-[(2,4-dimethylphenyl)azo]-2,4-dihydro-5-methyl-2-phenyl- (CAS Registry No. 6407-78-9);

3. 1-Naphthalenemethanol, α,α-bis[4-(diethylamino)phenyl]-4-(ethylamino)- (CAS Registry No. 1325-86-6);

4. 1-Naphthalenemethanol, α,α-bis[4-(dimethylamino)phenyl]-4-(phenylamino)- (CAS Registry No. 6786-83-0); and

5. [1, 1′-Biphenyl]-4,4′-diamine, N,N′-bis(2,4-dinitrophenyl)-3,3′-dimethoxy- (CAS Registry No. 29398-96-7).

Whereas the five substances set out in Annex 1 to this Notice have been identified for screening assessment under subsection 73(1) of the Canadian Environmental Protection Act, 1999;

Whereas the Minister of the Environment and the Minister of Health have issued a draft screening assessment on these five substances under section 74 of the Act and have published a summary of the results of this process under subsection 77(1) thereof on September 5, 2009, in the Canada Gazette, Part I, for a 60-day public comment period;

Whereas the Ministers have identified no current manufacture or importation activity for the five substances set out in Annex 1 above 100 kg per calendar year; and

Whereas the Ministers suspect that a significant new activity in relation to any of the five substances set out in Annex 1 to this Notice may result in the substance meeting the criteria set out in section 64 of the Act,

Notice therefore is hereby given that the Minister of the Environment intends to amend the Domestic Substances List under subsection 87(3) to indicate that subsection 81(3) applies to the five substances set out in Annex 1 to this Notice as described in Annex 2 attached hereto.

Public comment period

Any person may, within 60 days of publication of this notice, file with the Minister of the Environment comments with respect to this proposal. All comments must cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to the Executive Director, Program Development and Engagement Division, Environment Canada, Gatineau, Quebec K1A 0H3, 819-953-7155 (fax), existing.substances.existantes@ec.gc.ca (email).

The screening assessment report for these substances may be obtained from the Government of Canada’s Chemical Substances Web site at www.chemicalsubstances.gc.ca.

In accordance with section 313 of the Canadian Environmental Protection Act, 1999, any person who provides information in response to this notice may submit with the information a request that it be treated as confidential.

GEORGE ENEI
Acting Director General
Science and Risk Assessment Directorate
On behalf of the Minister of the Environment

ANNEX 1

The five substances referred to in the present Notice are

1. 3H-Pyrazol-3-one, 4-[(2-chlorophenyl)azo]-2,4-dihydro-5-methyl-2-phenyl- (CAS No. 6407-74-5)

2. 3H-Pyrazol-3-one, 4-[(2,4-dimethylphenyl)azo]-2,4-dihydro-5-methyl-2-phenyl- (CAS No. 6407-78-9)

3. 1-Naphthalenemethanol, α,α-bis[4-(diethylamino)phenyl]-4-(ethylamino)- (CAS No. 1325-86-6)

4. 1-Naphthalenemethanol, α,α-bis[4-(dimethylamino)phenyl]-4-(phenylamino)- (CAS No. 6786-83-0)

5. [1, 1′-Biphenyl]-4,4′-diamine, N,N′-bis(2,4-dinitrophenyl)-3,3′-dimethoxy- (CAS No. 29398-96-7)

ANNEX 2

1. Part 1 of the Domestic Substances List is proposed to be amended by deleting the following:

6407-74-5
6407-78-9
1325-86-6
6786-83-0
29398-96-7

2. Part 2 of the List is proposed to be amended by adding the following in numerical order:

COMING INTO FORCE

3. This Order comes into force on the day on which it is registered.

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DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Order 2009-87-07-02 Amending the Non-domestic Substances List

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Significant New Activity Notice No. 15513

Significant New Activity Notice

(Section 85 of the Canadian Environmental Protection Act, 1999)

Whereas the Minister of the Environment and the Minister of Health have assessed information in respect of the substance Tungsten carbide (W₂C), Chemical Abstracts Service Registry No. 12070-13-2;

Whereas the substance is not on the Domestic Substances List;

And whereas the Ministers suspect that a significant new activity in relation to the substance may result in the substance becoming toxic under the Canadian Environmental Protection Act, 1999,

Therefore, the Minister of the Environment indicates, pursuant to section 85 of that Act, that subsection 81(4) of the same Act applies with respect to the substance in accordance with the Annex.

JIM PRENTICE
Minister of the Environment

ANNEX

Information Requirements

(Section 85 of the Canadian Environmental Protection Act, 1999)

1. In relation to Tungsten carbide (W₂C), a significant new activity is the use of the substance in quantities greater than 10 kilograms per calendar year, where the substance is engineered to contain particles of particle size ranging from 1 to 100 nanometres.

2. A person who proposes a significant new activity set out in this Notice for this substance shall provide to the Minister of the Environment, at least 90 days before the day on which the quantity of the substance involved in the activity exceeds 10 kilograms per calendar year, the following information:

(a) a description of the proposed significant new activity in relation to the substance;

(b) measurement of the particle size and particle size distribution of the substance involved in the significant new activity;

(c) the information specified in Schedule 6 to the New Substances Notification Regulations (Chemicals and Polymers) for this substance;

(d) the analytical information to determine the particle size distribution of the test substance as administered in the health and ecological toxicity tests referred to in paragraph (c); and

(e) test data and a test report on the water solubility of this substance that comply with the Organisation for Economic Co-operation and Development series on testing and assessment, Number 29, Guidance Document on Transformation/ Dissolution of Metals and Metal Compounds in Aqueous Media.

3. The above information will be assessed within 90 days after the day on which it is received by the Minister of the Environment.

EXPLANATORY NOTE

(This explanatory note is not part of the Significant New Activity Notice.)

A Significant New Activity Notice is a legal instrument issued by the Minister of the Environment pursuant to section 85 of the Canadian Environmental Protection Act, 1999. The Significant New Activity Notice sets out the appropriate information that must be provided to the Minister for assessment prior to the commencement of a new activity as described in the Notice.

Substances that are not listed on the Domestic Substances List can be manufactured or imported only by the person who has met the requirements set out in section 81 of the Canadian Environmental Protection Act, 1999. Under section 86 of the Canadian Environmental Protection Act, 1999, in circumstances where a Significant New Activity Notice is issued for a new substance, it is the responsibility of every person who transfers the physical possession or control of the substance to notify all persons to whom the possession or control is transferred of the obligation to comply with the Significant New Activity Notice and of the obligation to notify the Minister of the Environment of any new activity and all other information as described in the Notice. It is the responsibility of the users of the substance to be aware of and comply with the Significant New Activity Notice and to submit a Significant New Activity notification to the Minister prior to the commencement of a significant new activity associated with the substance. However, as mentioned in subsection 81(6) of the Canadian Environmental Protection Act, 1999, a Significant New Activity notification is not required when the proposed new activity is regulated under an act or regulations listed on Schedule 2 of the Canadian Environmental Protection Act, 1999.

A Significant New Activity Notice does not constitute an endorsement from Environment Canada or the Government of Canada of the substance to which it relates, or an exemption from any other laws or regulations that are in force in Canada and that may apply to this substance or activities involving the substance.

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