Canadian Environmental Protection Act, 1999: schedules

Schedules

• Schedule 1: List of Toxic Substances
• Schedule 2: Acts and Regulations
• Schedule 3: Export Control List
• Schedule 4: Acts and Regulations
• Schedule 5: Waste or Other Matter
• Schedule 6: Assessment of Waste or Other Matter

Schedule 1
(Sections 56, 68, 71, 77, 79, 90, 91, 93 to 96 and 199)
List of Toxic Substances

For molecular formulae in this schedule, “n” = number of atoms.

1. Chlorobiphenyls that have the molecular formula C₁₂H_(10-n)Cl_n in which “n” is greater than 2

2. Dodecachloropentacyclo [5.3.0.0^2,6.0^3,9.0^4,8] decane (Mirex)

3. Polybrominated Biphenyls that have the molecular formula C₁₂H_(10-n)Br_n in which “n” is greater than 2

4. Chlorofluorocarbon: totally halogenated chlorofluorocarbons that have the molecular formula C_nCl_xF_(2n+2-x)

5. Polychlorinated Terphenyls that have a molecular formula C₁₈H_(14-n)Cl_n in which “n” is greater than 2

6. Asbestos

7. Lead

8. Mercury and its compounds

9. Vinyl Chloride

10. Bromochlorodifluoromethane that has the molecular formula CF₂BrCl

11. Bromotrifluoromethane that has the molecular formula CF₃Br

12. Dibromotetrafluoroethane that has the molecular formula C₂F₄Br₂

13. Fuel containing toxic substances that are dangerous goods within the meaning of section 2 of the Transportation of Dangerous Goods Act, 1992 and that

1. (a) are neither normal components of the fuel nor additives designed to improve the characteristics or the performance of the fuel; or

2. (b) are normal components of the fuel or additives designed to improve the characteristics or performance of the fuel, but are present in quantities or concentrations greater than those generally accepted by industry standards.

14. Dibenzo-para-dioxin that has the molecular formula C₁₂H₈O₂

15. Dibenzofuran that has the molecular formula C₁₂H₈O

16. Polychlorinated dibenzo-para-dioxins that have the molecular formula C₁₂H_(8-n)Cl_nO₂ in which “n” is greater than 2

17. Polychlorinated dibenzofurans that have the molecular formula C₁₂H_(8-n)Cl_nO in which “n” is greater than 2

18. Tetrachloromethane (carbon tetrachloride, CCl₄)

19. 1,1,1-trichloroethane (methyl chloroform, CCl₃-CH₃)

20. Bromofluorocarbons other than those set out in items 10 to 12

21. Hydrobromofluorocarbons that have the molecular formula C_nH_xF_yBr_(2n+2-x-y) in which 0<n≤3

22. Methyl Bromide

23. Bis(chloromethyl) ether that has the molecular formula C₂H₄Cl₂O

24. Chloromethyl methyl ether that has the molecular formula C₂H₅ClO

25. Hydrochlorofluorocarbons that have the molecular formula C_nH_xF_yCl_(2n+2-x-y) in which 0<n≤3

26. Benzene that has the molecular formula C₆H₆

27. (4-Chlorophenyl)cyclopropylmethanone, O-[(4-nitrophenyl)methyl]oxime that has the molecular formula C₁₇H₁₅ClN₂O₃

28. Inorganic arsenic compounds

29. Benzidine and benzidine dihydrochloride, that have the molecular formula C₁₂H₁₂N₂ and C₁₂H₁₂N₂•2HCl, respectively

30. Bis(2-ethylhexyl)phthalate

31. Inorganic cadmium compounds

32. Chlorinated wastewater effluents

33. Hexavalent chromium compounds

34. Creosote-impregnated waste materials from creosote-contaminated sites

35. 3,3′-Dichlorobenzidine

36. 1,2-Dichloroethane

37. Dichloromethane

38. Effluents from pulp mills using bleaching

39. Hexachlorobenzene

40. Inorganic fluorides

41. Refractory ceramic fibre

42. Oxidic, sulphidic and soluble inorganic nickel compounds

43. Polycyclic aromatic hydrocarbons

44. Tetrachloroethylene

45. Trichloroethylene

46. Tributyltetradecylphosphonium chloride that has the molecular formula C₂₆H₅₆P•C1

47. Bromochloromethane, that has the molecular formula CH₂BrCl

48. Acetaldehyde, which has the molecular formula C₂H₄O

49. 1,3-Butadiene, which has the molecular formula C₄H₆

50. Acrylonitrile, which has the molecular formula C₃H₃N

51. Respirable particulate matter less than or equal to 10 microns

52. Acrolein, which has the molecular formula C₃H₄O

53. Ammonia dissolved in water

54. Nonylphenol and its ethoxylates

55. Effluents from textile mills that use wet processing

56. Inorganic Chloramines, which have the molecular formula NH_nCl_(3-n), where n = 0, 1 or 2

57. Ethylene oxide, which has the molecular formula H₂COCH₂

58. Formaldehyde, which has the molecular formula CH₂O

59. N-Nitrosodimethylamine, which has the molecular formula C₂H₆N₂O

60. Gaseous Ammonia, which has the molecular formula NH₃(g)

61. Ozone, which has the molecular formula O₃

62. Nitric oxide, which has the molecular formula NO

63. Nitrogen dioxide, which has the molecular formula NO₂

64. Sulphur dioxide, which has the molecular formula SO₂

65. Volatile organic compounds that participate in atmospheric photochemical reactions, excluding the following:

1. (a) methane;

2. (b) ethane;

3. (c) methylene chloride (dichloromethane);

4. (d) 1,1,1-trichloroethane (methyl chloroform);

5. (e) 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113);

6. (f) trichlorofluoromethane (CFC-11);

7. (g) dichlorodifluoromethane (CFC-12);

8. (h) chlorodifluoromethane (HCFC-22);

9. (i) trifluoromethane (HFC-23);

10. (j) 1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-114);

11. (k) chloropentafluoroethane (CFC-115);

12. (l) 1,1,1-trifluoro-2,2-dichloroethane (HCFC-123);

13. (m) 1,1,1,2-tetrafluoroethane (HFC-134a);

14. (n) 1,1-dichloro-1-fluoroethane (HCFC-141b);

15. (o) 1-chloro-1,1-difluoroethane (HCFC-142b);

16. (p) 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124);

17. (q) pentafluoroethane (HFC-125);

18. (r) 1,1,2,2-tetrafluoroethane (HFC-134);

19. (s) 1,1,1-trifluoroethane (HFC-143a);

20. (t) 1,1-difluoroethane (HFC-152a);

21. (u) parachlorobenzotrifluoride (PCBTF);

22. (v) cyclic, branched or linear completely methylated siloxanes;

23. (w) acetone;

24. (x) perchloroethylene (tetrachloroethylene);

25. (y) 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca);

26. (z) 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb);

27. (z.1) 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee);

28. (z.2) difluoromethane (HFC-32);

29. (z.3) ethylfluoride (HFC-161);

30. (z.4) 1,1,1,3,3,3-hexafluoropropane (HFC-236fa);

31. (z.5) 1,1,2,2,3-pentafluoropropane (HFC-245ca);

32. (z.6) 1,1,2,3,3-pentafluoropropane (HFC-245ea);

33. (z.7) 1,1,1,2,3-pentafluoropropane (HFC-245eb);

34. (z.8) 1,1,1,3,3-pentafluoropropane (HFC-245fa);

35. (z.9) 1,1,1,2,3,3-hexafluoropropane (HFC-236ea);

36. (z.10) 1,1,1,3,3-pentafluorobutane (HFC-365mfc);

37. (z.11) chlorofluoromethane (HCFC-31);

38. (z.12) 1-chloro-1-fluoroethane (HCFC-151a);

39. (z.13) 1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a);

40. (z.14) 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C₄F₉OCH₃);

41. (z.15) 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF₃)₂CFCF ₂OCH ₃);

42. (z.16) 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C₄F₉OC₂H ₅);

43. (z.17) 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF₃)₂CFCF₂OC₂H₅); and

44. (z.18) methyl acetate and perfluorocarbon compounds that fall into the following classes, namely,

    1. cyclic, branched or linear completely fluorinated alkanes,

    2. cyclic, branched, or linear completely fluorinated ethers with no unsaturations,

    3. cyclic, branched or linear completely fluorinated tertiary amines with no unsaturations, or

    4. sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine.

66. Hexachlorobutadiene, which has the molecular formula C₄Cl₆

67. Particulate matter containing metals that is released in emissions from copper smelters or refineries, or from both

68. Particulate matter containing metals that is released in emissions from zinc plants

69. Dichlorodiphenyltrichloroethane (DDT), which has the molecular formula C₁₄H₉C1₅

70. 2-butoxyethanol, which has the molecular formula C₆H₁₄O₂

71. 2-methoxyethanol, which has the molecular formula C₃H₈O₂

72. Tetrachlorobenzenes, which have the molecular formula C₆H ₂Cl₄

73. Pentachlorobenzene, which has the molecular formula C ₆HCl₅

74. Carbon dioxide, which has the molecular formula CO₂

75. Methane, which has the molecular formula CH₄

76. Nitrous oxide, which has the molecular formula N₂O

77. Hydrofluorocarbons that have the molecular formula C_nH_xF_(2n+2-x) in which 0<n<6

78. The following perfluorocarbons:

1. (a) those that have the molecular formula C_nF_2n+2 in which 0<n<7; and

2. (b) octafluorocyclobutane, which has the molecular formula C₄F₈.

79. Sulphur hexafluoride, which has the molecular formula SF₆

80. Methanone, bis[4-(dimethylamino)phenyl]-, which has the molecular formula C₁₇H₂₀N₂O

81. 2-Butanone, oxime, which has the molecular formula C₄H₉NO

82. n-Butyl glycidyl ether, which has the molecular formula C₇H₁₄O₂

83. Polybrominated diphenyl ethers that have the molecular formula C₁₂H_(10-n)Br_nO in which 4≤n≤10

84. Perfluorooctane sulfonate and its salts

85. Compounds that contain one of the following groups: C₈F₁₇SO₂, C₈F₁₇SO₃ or C₈F₁₇SO₂N

86. Methyloxirane, which has the molecular formula C₃H₆O

87. Ethyloxirane, which has the molecular formula C₄H₈O

88. Naphthalene, which has the molecular formula C₁₀H₈

89. Toluene diisocyanates, which have the molecular formula C₉H₆N₂O₂

90. 1,2-Benzenediol, which has the molecular formula C₆H₆O₂

91. 1,4-Benzenediol, which has the molecular formula C₆H₆O₂

92. Hexane, 1,6-diisocyanato-, homopolymer, reaction products with alpha-fluoro-omega-2-hydroxyethyl-poly(difluoromethylene), C16-20-branched alcohols and 1-octadecanol

93. 2-propenoic acid, 2-methyl-, hexadecyl ester, polymers with 2-hydroxyethyl methacrylate, gamma-omega-perfluoro-C10-16-alkyl acrylate and stearyl methacrylate

94. 2-propenoic acid, 2-methyl-, 2-methylpropyl ester, polymer with butyl 2-propenoate and 2,5-furandione, gamma-omega-perfluoro-C8-14-alkyl esters, tert-Bu benzenecarboperoxoate initiated

95. 2-propen-1-ol reaction products with pentafluoroiodoethane tetrafluoroethylene telomer, dehydroiodinated, reaction products with epichlorohydrin and triethylenetetramine

96. Phenol, 4,4′ -(1-methylethylidene)bis-, which has the molecular formula C₁₅H₁₆O₂

97. Thiourea, which has the molecular formula CH₄N₂S

98. 1,3-Butadiene, 2-methyl-, which has the molecular formula C₅H₈

99. Oxirane, (chloromethyl)-, which has the molecular formula C₃H₅ClO

100. Colour Index Pigment Yellow 34

101. Colour Index Pigment Red 104

102. Cyclotetrasiloxane, octamethyl-, which has the molecular formula C₈H₂₄O₄Si₄

103. Phenol, 2,4,6-tris(1,1-dimethylethyl)-, which has the molecular formula C₁₈H₃₀O

104. Ethanol, 2-methoxy-, acetate, which has the molecular formula C₅H₁₀O₃

105. 1-Propanol, 2-methoxy-, which has the molecular formula C₄H₁₀O₂

106. 2-Naphthalenol, 1-[(4-methyl-2-nitrophenyl)azo]-, which has the molecular formula C₁₇H₁₃N₃O₃

107. Ethanol, 2-(2-methoxyethoxy)-, which has the molecular formula C₅H₁₂O₃

108. Sulfuric acid, diethyl ester, which has the molecular formula C₄H₁₀O₄S

109. Sulfuric acid, dimethyl ester, which has the molecular formula C₂H₆O₄S

110. Benzenamine, N-phenyl-, reaction products with styrene and 2,4,4-trimethylpentene

111. 2-Propenamide, which has the molecular formula C₃H₅NO

112. Ethanol, 2-chloro-, phosphate (3:1), which has the molecular formula C₆H₁₂Cl₃O₄P

113. Tributyltins, which contain the grouping (C₄H₉)₃Sn

114. Tetrabutyltins, which have the molecular formula (C₄H₉)₄Sn

115. Benzene, (chloromethyl)-, which has the molecular formula C₇H₇Cl

116. Propane, 2-nitro-, which has the molecular formula C₃H₇NO₂

117. Benzene, 1-methyl-2-nitro-, which has the molecular formula C₇H₇NO₂

118. Phenol, 2,6-bis(1,1-dimethylethyl)-4-(1-methylpropyl)-, which has the molecular formula C₁₈H₃₀O

119. Methylium, [4-(dimethylamino)phenyl]bis[4-(ethylamino)3-methylphenyl]-, acetate, which has the molecular formula C₂₇H₃₄N₃.C₂H₃O₂

120. Chlorinated alkanes that have the molecular formula C_nH_xCl_(2n+2-x) in which 10 ≤ n ≤ 20

121. Benzene, 1,2-dimethoxy-4-(2-propenyl)-, which has the molecular formula C₁₁H₁₄O₂

122. Vanadium pentoxide, which has the molecular formula V₂O₅

123. Oxirane, 2,2′,2′′,2′′′-[1,2-ethanediylidenetetrakis(4,1-phenyleneoxymethylene)]tetrakis-, which has the molecular formula C₃₈H₃₈O₈

124. Bromic acid, potassium salt, which has the molecular formula KBrO₃

125. Polychlorinated naphthalenes, which have the molecular formula C₁₀H_8-nCl_n in which “n” is greater than 1

126. Hydrazine, which has the molecular formula N₂H₄

127. Hexabromocyclododecane, which has the molecular formula C₁₂H₁₈Br₆

128. Quinoline, which has the molecular formula C₉H₇N

129. Perfluorooctanoic acid, which has the molecular formula C₇F₁₅CO₂H, and its salts

130. Compounds that consist of a perfluorinated alkyl group that has the molecular formula C_nF_2n+1 in which n = 7 or 8 and that is directly bonded to any chemical moiety other than a fluorine, chlorine or bromine atom

131. Perfluorocarboxylic acids that have the molecular formula C_nF_2n+1CO₂H in which 8 ≤ n ≤ 20 and their salts

132. Compounds that consist of a perfluorinated alkyl group that has the molecular formula C_nF_2n+1 in which 8 ≤ n ≤ 20 and that is directly bonded to any chemical moiety other than a fluorine, chlorine or bromine atom

1999, c. 33, Sch. 1; SOR/2000-109; SOR/2001-1, 147; Canada Gazette Part II, err.(F), Volume 135, page 382; SOR/2003-10, 98, 172, 229, 270, 277; SOR/2005-40, 46, 262, 345; SOR/2006-329, 333; SOR/2010-98, 194, 210; SOR/2011-25, 26, 34, 35, 140, 212, 286, 287; SOR/2012-40, 186, 187, 189, 219, 235; SOR/2013-188.

Previous Version

Schedule 2
(Subsection 81(7))

SOR/2001-300, 302, 304.

Schedule 3
(Sections 100 to 103)
Export Control List

For molecular formulae in this schedule, “n” = number of atoms.

Part 1
Prohibited Substances

1. Mirex (Dodecachloropentacyclo [5.3.0.0^2,6.0^3,9.0^4,8] decane) (Chemical Abstracts Service (hereinafter “CAS”) 2385-85-5)

2. Polybrominated biphenyls that have the molecular formula C₁₂H_(10-n)Br_n in which “n” is greater than 2

3. Polychlorinated terphenyls that have the molecular formula C₁₈H_(14-n)Cl_n in which “n” is greater than 2

4. Alachlor (2-chloro-2′, 6′-diethyl-N-methoxymethyl acetanilide) (CAS 15972-60-8)

5. Leptophos (O-(4-bromo-2,5-dichlorophenyl) O-methylphenylphosphonothioate) (CAS 21609-90-5)

6. Phosphamidon (2-chloro-2-diethylcarbamoyl-1-methylvinyl dimethyl phosphate) (CAS 13171-21-6)

7. Cyhexatin (tricyclohexyltin hydroxide) (CAS 13121-70-5)

8. 2,3,4,5-bis(2-butylene)tetrahydro-2-furfural (CAS 126-15-8)

9. Bis(chloromethyl) ether that has the molecular formula C₂H₄Cl₂O (CAS 542-88-1)

10. Chloromethyl methyl ether that has the molecular formula C₂H₅ClO (CAS 107-30-2)

11. (4-Chlorophenyl)cyclopropylmethanone, O-[(4-nitrophenyl)methyl]oxime that has the molecular formula C₁₇H₁₅ClN₂O₃ (CAS 94097-88-8)

12. Chlordecone (CAS 143-50-0)

13. Endrin (1,2,3,4,10,10-hexachloro-6,7-epoxy-1,4,4a,5,6,7,8, 8a-octahydro-exo-1,4-exo-5,8-dimethanonaphthalene) (CAS 72-20-8)

14. Toxaphene (CAS 8001-35-2)

15. Alpha-HCH (CAS 319-84-6)

16. Beta-HCH (CAS 319-85-7)

Part 2
Substances Subject to Notification or Consent

Note: In this Part, “CAS” denotes Chemical Abstracts Service registry number.

1. 2,4,5-T and its salts and esters

2. Aldrin (CAS 309-00-2)

3. Captafol (CAS 2425-06-1)

4. Chlordane (CAS 57-74-9)

5. Chlordimeform (CAS 6164-98-3)

6. Chlorobenzilate (CAS 510-15-6)

7. DDT (CAS 50-29-3)

8. Dieldrin (CAS 60-57-1)

9. Dinoseb and its salts and esters

10. 1,2-dibromoethane (EDB) (CAS 106-93-4)

11. Fluoroacetamide (CAS 640-19-7)

12. [Repealed, SOR/2012-164, s. 5]

13. Heptachlor (CAS 76-44-8)

14. Hexachlorobenzene (CAS 118-74-1)

15. Lindane (CAS 58-89-9)

16. Mercury compounds, including inorganic mercury compounds, alkyl mercury compounds and alkyloxyalkyl and aryl mercury compounds

17. Pentachlorophenol and its salts and esters

18. Monocrotophos (CAS 6923-22-4)

19. Methamidophos (Soluble liquid formulations of the substance that exceed 600 g active ingredient / L) (CAS 10265-92-6)

20. Emulsifiable concentrates containing methyl parathion at or above 19.5% and dusts containing methyl parathion at or above 1.5% (CAS 298-00-0)

21. Parathion (CAS 56-38-2)

22. Crocidolite (CAS 12001-28-4)

23. Polychlorinated biphenyls (PCB) (CAS 1336-36-3)

24. Tris (2,3-dibromopropyl) phosphate (CAS 126-72-7)

25. [Repealed, SOR/2012-164, s. 8]

26. Binapacryl (CAS 485-31-4)

27. Ethylene oxide (CAS 75-21-8)

28. 1,2-Dichloroethane (CAS 107-06-2)

29. Dinitro-ortho-cresol (DNOC) and its salts (CAS 534-52-1; CAS 2980-64-5; CAS 5787-96-2; CAS 2312-76-7)

30. Dustable powder formulations containing a combination of benomyl at or above 7% (CAS 17804-35-2), carbofuran at or above 10% (CAS 1563-66-2) and thiram at or above 15% (CAS 137-26-8)

31. All tributyltin compounds, including:

1. (a) Tributyltin oxide (CAS 56-35-9)

2. (b) Tributyltin fluoride (CAS 1983-10-4)

3. (c) Tributyltin methacrylate (CAS 2155-70-6)

4. (d) Tributyltin benzoate (CAS 4342-36-3)

5. (e) Tributyltin chloride (CAS 1461-22-9)

6. (f) Tributyltin linoleate (CAS 24124-25-2)

7. (g) Tributyltin naphthenate (CAS 85409-17-2)

32. Tetraethyl lead (CAS 78-00-2)

33. Tetramethyl lead (CAS 75-74-1)

34. Endosulfan (CAS 115-29-7)

Part 3
Restricted Substances

1. Chlorofluorocarbon: totally halogenated chlorofluorocarbons that have the molecular formula C_nCl_xF_(2n+2-x) where “n” is less than or equal to 3 and “x” is greater than or equal to 1 and less than “2n+2” and also represents the number of atoms

2. Allyl alcohol (2-propen-1-ol) (CAS 107-18-6)

3. Carbon tetrachloride (tetrachloromethane) (CAS 56-23-5)

4. DBCP (1,2-dibromo-3-chloropropane) (CAS 96-12-8)

5. Lead arsenate, which has the molecular formula PbHAsO₄, and its basic form, which has the molecular formula Pb₄(PbOH)(AsO₄)₃ (CAS 7784-40-9; CAS 1327-31-7)

6. Strychnine (CAS 57-24-9)

7. Bromochlorodifluoromethane that has the molecular formula CF₂BrCl (CAS 353-59-3)

8. Bromotrifluoromethane that has the molecular formula CF₃Br (CAS 75-63-8)

9. Dibromotetrafluoroethane that has the molecular formula C₂F₄Br₂ (CAS 124-73-2)

10. Tributyltetradecylphosphonium chloride (CAS 81741-28-8)

11. Benzidine and benzidine dihydrochloride, which have the molecular formulas C₁₂H₁₂N₂ and C₁₂H₁₂N₂×2HCl, respectively (CAS 92-87-5; CAS 531-85-1)

12. 2-Methoxyethanol, which has the molecular formula C₃H₈O₂ (CAS 109-86-4)

13. Pentachlorobenzene, which has the molecular formula C₆HCl₅ (CAS 608-93-5)

14. Tetrachlorobenzenes, which have the molecular formula C₆H₂Cl₄ (CAS 12408-10-5; CAS 84713-12-2; CAS 634-90-2; CAS 634-66-2; CAS 95-94-3)

15. Perfluorooctane sulfonate and its salts

16. Compounds that contain one of the following groups: C₈F₁₇SO₂, C₈F₁₇SO₃ or C₈F₁₇SO₂N

17. Azinphos-methyl (CAS 86-50-0)

18. Phorate (CAS 298-02-2)

19. Terbufos (CAS 13071-79-9)

1999, c. 33, Sch. 3; SOR/2000-117, 118; SOR/2002-318; SOR/2003-100; SOR/2012-164; SOR/2013-99.

Previous Version

Schedule 4
(Subsection 106(7))

SOR/2001-301, 303, 305, 306, 307.

Schedule 5
(Subsections 122(1) and 135(2) and section 216)
Waste or Other Matter

1. Dredged material.

2. Fish waste and other organic matter resulting from industrial fish processing operations.

3. Ships, aircraft, platforms or other structures from which all material that can create floating debris or other marine pollution has been removed to the maximum extent possible if, in the case of disposal, those substances would not pose a serious obstacle to fishing or navigation after being disposed of.

4. Inert, inorganic geological matter.

5. Uncontaminated organic matter of natural origin.

6. Bulky substances that are primarily composed of iron, steel, concrete or other similar matter that does not have a significant adverse effect, other than a physical effect, on the sea or the seabed, if those substances

1. (a) are in locations at which the disposal or incineration at sea is the only practicable manner of disposing of or thermally destroying the substances; and

2. (b) in the case of disposal, would not pose a serious obstacle to fishing or navigation after being disposed of.

Schedule 6
(Subsections 127(2) and (3), 128(3) and 129(3) and section 135)
Assessment of Waste or Other Matter

1. This schedule shall be applied with a view that acceptance of disposal at sea under certain circumstances does not remove the obligation to make further attempts to reduce the necessity for disposal.

2. The initial stages in assessing alternatives to disposal at sea shall, as appropriate, include an evaluation of

1. (a) the types, amounts and relative hazard of waste or other matter generated;

2. (b) the details of the production process and sources of waste or other matter within that process; and

3. (c) the feasibility of the following waste reduction or prevention techniques:

   1. product reformulation,

   2. clean production technologies,

   3. process modification,

   4. input substitution, and

   5. on-site, closed-loop recycling.

3. In general terms, if the required audit reveals that opportunities exist for waste prevention at source, an applicant shall formulate and implement a waste prevention strategy, where it has jurisdiction to do so, (in collaboration with relevant local and national agencies) which includes specific waste reduction targets and provision for further waste prevention audits to ensure that these targets are being met. Permit issuance or renewal shall be subject to compliance with this requirement.

4. For dredged material, the goal of waste management shall be to identify and control the sources of contamination. This should be achieved through implementation of waste prevention strategies and requires collaboration between the relevant local and national agencies involved with the control of point and non-point sources of pollution. Until this objective is met, the problems of contaminated dredged material may be addressed by using disposal management techniques at sea or on land.

5. Applications to dispose of waste or other matter shall demonstrate that appropriate consideration has been given to the following hierarchy of waste management options, which implies an order of increasing environmental impact:

1. (a) re-use;

2. (b) off-site recycling;

3. (c) destruction of hazardous constituents;

4. (d) treatment to reduce or remove the hazardous constituents; and

5. (e) disposal on land, into the air and in water.

6. A permit to dispose of waste or other matter shall be refused if opportunities exist to re-use, recycle or treat the waste or other matter without undue risks to human health or the environment or disproportionate costs. The practical availability of other means of disposal shall be considered in the light of a comparative risk assessment involving both disposal and the alternatives.

7. A detailed description and characterization of the waste or other matter is an essential precondition for the consideration of alternatives and the basis for a decision as to whether the waste or other matter may be disposed of at sea. If the waste or other matter is so poorly characterized that proper assessment cannot be made of its potential impacts on human health and the environment, the waste or other matter shall not be disposed of at sea.

8. Characterization of the waste or other matter and their constituents shall take into account

1. (a) origin, total amount, form and average composition;

2. (b) properties: physical, chemical, biochemical and biological;

3. (c) toxicity;

4. (d) persistence: physical, chemical and biological; and

5. (e) accumulation and biotransformation in biological materials or sediments.

9. A national Action List shall be developed to provide a mechanism for screening candidate waste or other matter and their constituents on the basis of their potential effects on human health and the marine environment. In selecting substances for consideration in the Action List, priority shall be given to toxic, persistent and bio-accumulative substances from human sources (e.g. cadmium, mercury, organohalogens, petroleum hydrocarbons and, whenever relevant, arsenic, lead, copper, zinc, beryllium, chromium, nickel and vanadium, organosilicon compounds, cyanides, fluorides and pesticides or their by-products other than organohalogens). An Action List can also be used as a trigger mechanism for further waste prevention consideration.

10. The Action List shall specify an upper level and may also specify a lower level. The upper level shall be set so as to avoid, as much as reasonably possible, acute or chronic effects on human health or on sensitive marine organisms representative of the marine ecosystem. Application of the Action List will result in three possible categories of waste or other matter:

1. (a) waste or other matter that contain specified substances, or which cause biological responses, exceeding the relevant upper levels shall not be disposed of at sea, unless made acceptable for disposal through the use of management techniques or processes;

2. (b) waste or other matter that contain specified substances, or which cause biological responses, below the relevant lower levels should be considered to be of little environmental concern in relation to disposal at sea; and

3. (c) waste or other matter that contain specified substances, or which cause biological responses, below the upper levels but above the lower levels require more detailed assessment before their suitability for disposal can be determined.

11. Information required to select a disposal site shall include

1. (a) physical, chemical and biological characteristics of the water-column and the sea-bed;

2. (b) location of amenities, values and other uses of the sea in the area under consideration;

3. (c) assessment of the constituent fluxes associated with disposal in relation to existing fluxes of substances in the marine environment; and

4. (d) economic and operational feasibility.

12. Assessment of potential effects shall lead to a concise statement of the expected consequences of the sea or land disposal options (i.e., the Impact Hypothesis). It provides a basis for deciding whether to approve or reject the proposed disposal option and for defining environmental monitoring requirements.

13. The assessment for disposal shall, as appropriate, integrate information on waste characteristics, conditions at the proposed disposal site(s), fluxes and proposed disposal techniques and specify the potential effects on human health, living resources, amenities and other legitimate uses of the sea. It shall, where it is reasonably possible to do so, define the nature, temporal and spatial scales and duration of expected impacts based on reasonably conservative assumptions.

14. An analysis of each disposal option shall be considered in light of a comparative assessment of the following concerns: human health risks, environmental costs, hazards (including accidents), economics and exclusion of future uses. If this assessment reveals that adequate information is not available to determine the likely effects of the proposed disposal option, then this option shall not be considered further. In addition, if the interpretation of the comparative assessment shows the disposal option to be less preferable, a permit for disposal at sea shall not be given.

15. Each assessment shall conclude with a statement supporting a decision to issue or refuse a permit for disposal at sea.

16. Monitoring is used to verify that permit conditions are met (compliance monitoring) and that the assumptions made during the permit review and site selection process were correct and sufficient to protect human health and the environment (field monitoring). It is essential that such monitoring programs have clearly defined objectives.

17. A decision to issue a permit shall only be made if all impact evaluations are completed, and where reasonably possible, the monitoring requirements are determined. The provisions of the permit shall ensure, as far as practicable, that environmental disturbance and detriment are minimized and the benefits maximized. Any permit issued shall contain data and information specifying

1. (a) the types and sources of materials to be disposed of;

2. (b) the location of the disposal site;

3. (c) the method of disposal; and

4. (d) monitoring and reporting requirements.

18. Disposal sites shall be reviewed at regular intervals, taking into account the results of monitoring and the objectives of monitoring programs. Review of monitoring results will indicate whether field programs need to be continued, revised or terminated, and will contribute to informed decisions regarding the continuance, modification or closure of disposal sites. This provides an important feedback mechanism for the protection of human health and the marine environment.