Comments and Reply: Schedule 5

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

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.