5. Controlling toxic substances

There are currently about 23 000 substances manufactured in, imported into, or used in Canada on a commercial scale that have not been assessed for the risks that they pose to human health or the environment. These substances are on the Domestic Substances List (DSL). Substances that are not on that list are considered to be new and are subject to the New Substances Program.

Risk assessment of existing substances is a joint Environment Canada and Health Canada program driven by strict legislative requirements. Among others, the Canadian Environmental Protection Act, 1999 (CEPA 1999) requires that the Ministers:

Results in 2002-03 included the following:

In 2002-03, accomplishments at Environment Canada included:

In 2002-03, accomplishments at Health Canada included the following:

Updates on the First Priority Substances List

Environment Canada and Health Canada released draft conclusions and follow-up assessment reports for public comment on 13 substances from the first Priority Substances List for which there was originally insufficient information to conclude whether they were “toxic” under the 1988 Canadian Environmental Protection Act:

Results in 2002-03 included the following:

Progress in 2002-03 on suspended assessments included the following:

Work continued on the preparation of a guidance document for assessing decisions made by other jurisdictions to ban or restrict substances of concern.

Canada participated in a variety of Organisation for Economic Cooperation and Development (OECD) committees and task forces to develop Screening Information Data Sets for high-production-volume chemicals and to assess the hazards of these chemicals. Member countries are sponsoring initial assessments of the data sets, with Canada sponsoring five. Health Canada worked with representatives of the American Chemistry Council to develop and sponsor a Screening Information Data Set Initial Assessment Report on a group of ethylene glycols for the OECD’s highproduction- volume assessment program.

Environment Canada and Health Canada are also part of a pilot project to review the chemical assessment reports that are being generated under the International Council of Chemical Associations initiative to collect data on and assess 1000 high-production volume chemicals by 2004.

Substances that are found to meet the definition of toxic under CEPA 1999 are managed throughout their life cycle to minimize the risks that they pose to the environment and human health. Toxic substances that persist in the environment for several months or years, bioaccumulate in the tissue of living organisms, and are predominantly the result of human activity are targeted for virtual elimination. Virtual elimination is the ultimate reduction of the quantity or concentration of the substance in the release below the lowest concentration that can be accurately measured using sensitive but routine sampling and analytical methods.

The Act sets specific timelines for taking preventive or control action to manage the risks posed by toxic substances. Preventive or control instruments for each toxic substance are developed through the Toxics Management Process. The Toxics Management Process is a new, more streamlined approach to controlling substances that meet the criteria for toxic under CEPA 1999. This process ensures that risk management actions are developed in a way that ensures that industry and public stakeholders are effectively consulted and that the obligations to protect the environment and human health set out in CEPA 1999 are met.

Under section 68 of CEPA 1999, the Minister has the authority to collect or generate data for the purpose of assessing whether a substance is toxic or capable of becoming toxic or for the purpose of assessing whether to control, or the manner in which to control, a substance. Under section 71 of CEPA 1999, the Minister has the authority to request information that may be in the person’s possessions or to which the person may reasonably be expected to have access. Section 71 (1) c) provides the Minister with the authority to request that person or persons described in the Notice generate new data through technological and other tests specified in the Notice

In 2002-03, three information-gathering notices (one pursuant to s. 68, and two pursuant to s. 71 (1) b)) were published -- no notices under section 71 (1) c) were published.

Central to the Toxics Management Process is the development of a risk management strategy for toxic substances. Each strategy describes how the risks to human health and the environment posed by the use or release of a particular toxic substance will be addressed. In developing the risk management strategy, Environment Canada identifies the sources that pose the greatest risk to the environment and human health, guided by the science in the risk assessment. A risk management objective is then identified. This objective is usually based on the results achieved from the best available practices, technologies, or techniques and, in some cases, environmental quality objectives are established (see Section 3.4.1).

Once a risk management objective has been set, management measures and instruments to achieve the objective are selected. These management measures may be used to control any aspect of the substance’s life cycle, from the design and development stage to its manufacture, use, storage, transport, and ultimate disposal.

Substances that were being considered for addition and substances that were added to the List of Toxic Substances in 2002-03 are found in Table 2. Risk Management Strategies will be proposed for these substances and will be published in the Canada Gazette for public review.

Table 2: Substances added to the List of Toxic Substances (Schedule 1) in 2002-03 and substances being considered for addition to the list
Substance Proposed
order adding to schedule 1 - date
Proposed
order adding to schedule 1 - date
Sectors/sources involved
Ozone and the
precursors to
particulate matter
and ozone (gaseous
ammonia, ozone,
sulphur dioxide,
nitric oxide, nitrogen
dioxide, volatile
organic compounds
[VOCs], as specified
in the Order).
July 27, 2002 July 2, 2003 Ozone is a gas formed in sunlight and warm stagnant air from reactions involving the precursor gases of nitrogen oxides and volatile organic compounds (VOCs). Fuel combustion processes in the transportation and power generation sectors, releases during the use of solvents, the application of inks and paints and other industrial coatings, the manufacturing of fertilizer in the chemical industry and animal husbandry and fertilizer application in the agricultural sector.
Road salts Dec. 1, 2001 Application as a de-icer on road surfaces.
Particulate matter containing metals Nov. 2, 2002 Aug. 13, 2003 Copper smelters and refineries, and zinc plant operations.
Ammonia dissolved in water Nov. 2, 2002 Jan. 1, 2003 Municipal wastewater treatment plants, agricultural activity, fertilizer production and use, pulp and paper mill operations, mine operations, food processing.
Nonylphenol and its ethoxylates June 23, 2001 Jan. 1, 2003 Industrial and municipal wastewater treatment plant effluents (liquid and sludge),
fertilizer production and direct discharge, pesticide production.
Effluents from textile mills using wet processing June 23, 2001 Jan. 1, 2003 Most wet processing mills in Canada (96%) discharge to municipal wastewater systems, and 99% of these municipal wastewater systems have primary, secondary, or tertiary wastewater treatment prior to release into receiving water. Approximately 70% of municipal wastewater systems in Canada receive secondary or tertiary treatment.
Ethylene oxide April 27, 2002 June 4, 2003 Use as a de-icer, use as a sterilizer of health care materials and heat-sensitive products.
Formaldehyde April 17, 2002 June 4, 2003 Automotive and other fuel combustion, industrial on-site sources, and natural sources (including forest fires).
N-Nitrosodimethylamine (NDMA) April 27, 2002 June 4, 2003 No industrial or commercial uses of NDMA in Canada; released as by-product and contaminant from various industries, municipal wastewater treatment plants, pesticides, rubber tires, alkylamines, and dye manufacture.
Inorganic chloramines
with molecular formula NHnCl(3-n),
where n = 0, 1, 2
June 23, 2001 Jan. 1, 2003 Sewage treatment plants, industrial and cooling water processes treated with chlorine or chloramines, breaks and leaks in water mains, fire-fighting runoff, stormwater runoff from domestic water supplies treated with these substances.
Hexachlorobutadiene June 1, 2002 Aug. 13, 2003 Used to make rubber compounds. Also used as a solvent and to make lubricants, in gyroscopes, as heat transfer liquid, and as a hydraulic fluid. Mainly released from disposal following industrial uses.

In 2002-03, risk management strategies were developed for the following seven toxic substances:

The status of the development of management tools and instruments for 2002-03 is summarized in Table 3.

Table 3: Status of development of risk management instruments and tools in 2002-03
Management tool Name Status
Regulations Federal Halocarbon Regulations, 2003 Proposed December 7, 2002
Regulations Solvent Degreasing Regulations Proposed December 7, 2002
Regulations Regulations Amending the Gasoline Regulations Finalized April 9, 2003
Regulations Regulations Amending the Sulphur in Gasoline Regulations Proposed February 1, 2003;
Finalized October 8, 2003
Regulations Regulations Amending the Benzene in Gasoline Regulations Proposed February 1, 2003;
Finalized October 8, 2003
Regulations Off-Road Small Spark-Ignition Engine Emission Regulations Proposed March 29, 2003
Regulations On-Road Vehicle and Engine Emission Regulations Finalized January 1, 2003
  Export of Substances Under the Rotterdam Convention
Regulations
Finalized August 28, 2002
Regulations Environmental Emergency Regulations Proposed August 10, 2002;
Finalized September 10, 2003
Regulations Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations Finalized March 12, 2003
Regulations Living Modified Organisms Regulations Proposed September 28, 2002
Regulations New Substances Fees Regulations Finalized November 6, 2002
Regulations Regulations Amending the Disposal at Sea Regulations Proposed February 1, 2003
Regulations Regulations Amending the New Substances Notification Regulations Finalized June 18, 2003
Regulations Regulations Amending the Export and Import of Hazardous Wastes Regulations Proposed April 20, 2003
Regulations Interprovincial Movement of Hazardous Waste Regulations Proposed April 20, 2003;
Finalized August 15, 2003
Regulations Sulphur in Diesel Fuel Regulations Finalized July 31, 2002
Polllution prevention plans Canada Gazette Notice requesting the preparation and implementation of pollution prevention plans for dichloromethane Proposed August 31, 2002
Polllution prevention plans Canada Gazette Notice requiring the preparation and implementation of pollution prevention plans in respect of nonylphenol and its ethoxylates used in the wet processing textile industry and effluents from textile mills that use wet processing Proposed June 7, 2003
Polllution prevention plans Canada Gazette Notice requiring the preparation and implementation of a pollution prevention plan in respect of one or more of the following substances: ammonia dissolved in water; inorganic chloramines; and chlorinated wastewater effluents Proposed June 7, 2003
Polllution prevention plans Canada Gazette Notice requesting the preparation and implementation of pollution prevention plans for acrylonitrile Proposed May 25, 2002
Codes of practice Reduction of Dichloromethane Emissions from the Use of Paint Strippers in Commercial Furniture Refinishing and Other Stripping Applications Finalized June 2003
Codes of practice Code of Practice for On-Road Heavy-duty Vehicle Emission Inspection and Maintenance Programs Finalized November 2002
Guidelines Guidelines for Volatile Organic Compounds in Consumer Products Finalized November 2002
Environment performance agreements
Environmental Performance Agreement with the Automotive Parts Manufacturers’ Association
Signed June 3, 2002
Administrative agreements Canada-wide Standards for Dioxins and Furans from Steel Manufacturing Electric Arc Furnaces and Iron Sintering Plants
Endorsed March 2003
Administrative agreements Administrative Agreement Between the Government of Canada and Quebec Pertaining to the Pulp and Paper Sector Proposed July 27, 2002

Progress in 2002-03 included:

An environmental performance agreement is a voluntary agreement negotiated among parties to achieve specified environmental results. These agreements are not CEPA instruments but may be used where they are cost-effective, where they support the policy and regulatory framework, where participants have the capacity to implement them, and where they are deemed appropriate. An agreement must consider specific core design criteria in the negotiating process. The Policy Framework for Environmental Performance Agreements provides assurance of transparency and accountability as well as a solid basis for negotiating agreements.

Environment Canada negotiated an Environmental Performance Agreement with the Automotive Parts Manufacturers’ Association. The agreement represents a voluntary commitment by participating companies to reduce releases of volatile organic compounds and carbon dioxide. Companies can also choose to address other toxic substances, depending on their facility operations and business cycles. The Environmental Performance Agreement with Dow Chemical requires the preparation of an environmental management plan, establishment of emission reduction goals, an air monitoring program, and reporting on releases. An Environmental Management Plan was submitted in October with a goal of a 48% reduction in emissions. Data from 2002 indicate that the goal has already been accomplished, but further evaluation is required to determine if this is sustainable.

www.ec.gc.ca/epa-epe/pol/en/framewk1.cfm

On January 1, 2003, ammonia dissolved in water, inorganic chloramines, effluents from textile mills that use wet processing, and nonylphenol and its ethoxylates were added to the List of Toxic Substances (Schedule 1) for CEPA 1999 (see Table 2). Chlorinated wastewater effluents were added to the list on March 4, 1999. These substances are primarily discharged to surface waters through municipal wastewater effluents.

Environment Canada, in consultation with the National Advisory Committee (see Section 1.1), developed a proposed instrument for these substances. Two documents were prepared by Environment Canada: A Proposed Risk Management Strategy Addressing Ammonia, Inorganic Chloramines and Chlorinated Wastewater Effluents under CEPA 1999; and Pollution Prevention Planning for Ammonia, Inorganic Chloramines and Chlorinated Wastewater Effluents Working Document.

These documents propose pollution prevention planning requirements for the owners/operators of selected wastewater systems as an integrated step towards a long-term strategy for managing wastewater effluents. The proposed notice requiring the preparation and implementation of pollution prevention plans was published in Part I of the Canada Gazette on June 7, 2003.

Environment Canada hosted a series of one-day consultation sessions in 13 centres across Canada from August 20 to November 4, 2002. The Department also provided information to stakeholders and interested parties and collected feedback on the proposed risk management strategy for ammonia, inorganic chloramines, and chlorinated wastewater effluent.

www.ec.gc.ca/etad/default.asp?lang=En&n=9F3404CF-1

Many toxic substances that are produced, used, and released into the environment are of global concern. Key international activities in 2002-03 included:

The New Substances Program ensures that no new substances are introduced into the Canadian marketplace before they have been assessed to determine whether or not they are toxic or capable of becoming toxic to the environment or human health. The risks of substances determined to be, or suspected of being, toxic or capable of becoming toxic may be managed, as necessary, through the imposition of conditions or the prohibition of their import or manufacture. The program operates under the New Substances Notification Regulations and is jointly administered by Environment Canada and Health Canada.

Chemicals, polymers, and inanimate products of biotechnology that are new to Canada are covered under Part 5 of CEPA 1999. Animate products of biotechnology that are new to Canada are dealt with under Part 6 (see Section 6). Parts 5 and 6 of CEPA 1999 are integral parts of the federal government’s approach to pollution prevention.

Substances that are not on the Domestic Substances List are considered to be new to Canada. These cannot be manufactured or imported until:

Environment Canada and Health Canada received 917 new substance notifications in 2002-03. Risk management measures imposed included seven conditions and five Significant New Activity Notices. When a new substance has been assessed and there is a suspicion that it is toxic or capable of becoming toxic, the Minister may prohibit any person from manufacturing or importing the substance, request any person to provide any additional information or submit the results of any testing that is considered necessary, or place restrictions/conditions upon the substance (e.g., on how and where it is used or on storage or disposal methods).

When Environment Canada and Health Canada suspect that there is significant new activity in regards to a substance that has already been assessed, a notice is issued to ensure that adequate additional information is provided to the Minister by the notifier or any other proponent who wishes to manufacture or import the substance for activities not specified by the notice. The additional information allows Environment Canada and Health Canada to assess the potential environmental and human health risks associated with the new activities and take any actions necessary to protect the environment and human health.

During 2002-03, 55 submissions were made to Health Canada of new substances in products regulated under the Food and Drugs Act. Of those, 43 submissions were accepted and were being assessed, and 12 were screened and rejected as incomplete or withdrawn by the notifier.

When the New Substances Notification Regulations were promulgated in 1994, a commitment was made by Environment Canada and Health Canada to review them after the first three years of implementation. This review was to enable adjustments to be made to the regulations and to the New Substances Program, if necessary.

To help fulfil this commitment, a multistakeholder consultative process was established in June 1999, to work towards a common understanding of the New Substances Notification Regulations and the overall program and to provide consensus recommendations for their improvement. Eight meetings were held in 1999-2001. The consultations resulted in 76 consensus recommendations. The final report of the multistakeholder consultations was released in 2001. The government response report to address the consensus recommendations was released in September 2002.

The stakeholders recommended improvements in five areas: Risk Assessments, Regulatory Framework, Transparency, Responsiveness of the Regulations and the New Substances Program in an International Context, and Service Delivery. The recommendations reflect the government’s fundamental goal to protect human health and the environment while enhancing the efficiency and effectiveness of the New Substances Notification Regulations and the New Substances Program. The recommendations will continue to be implemented over the next few years.

Consultations on the CEPA New Substances Notification Regulations and New Substances Program: Environment Canada/Health Canada Response to the Consultation Recommendations

In 2002-03, the following regulations were completed or in the process of being developed:

CEPA 1999 allows for the waiving of its notification and assessment requirements for new substances (chemicals, polymers, animate and inanimate products of biotechnology) if they are met by another federal act. Schedule 2 identifies the other acts that chemicals and polymers may fall under (see Table 4). These provisions mean that CEPA 1999 sets the standard for notice and assessment and acts as a safety net for new substances that are not regulated by other acts of Parliament. The legal provisions that authorize the schedules came into force on September 13, 2001.

Table 4: Scheduled acts and regulations
Schedule 2 (chemicals and polymers)
Pest Control Products Act and Pest Control Products Regulations
Feeds Act and Feeds Regulations
Fertilizers Act and Fertilizers Regulations

The Food and Drugs Act is not scheduled under CEPA 1999 at this time. New substances in products regulated under the Food and Drugs Act must therefore be notified under the New Substances Notification Regulations of CEPA 1999. Health Canada held a series of consultation meetings in 2002-03 with stakeholders to explain the development of new regulations for the environmental assessment of Food and Drugs Act products, which would meet the CEPA 1999 requirements. A multistakeholder workshop was held in February 2003 on a Draft Issue Identification Paper.

www.hc-sc.gc.ca/ear-ree/index_e.html

Key international activities in 2002-03 included:

The act allows the Minister to establish an Export Control List containing substances whose export is controlled because their manufacture, import, and/or use in Canada are prohibited or severely restricted or because Canada has accepted, through an international agreement such as the Rotterdam Convention, to control their export. The act also allows the Minister to make regulations in relation to substances specified on the Export Control List.

The Export Control List Notification Regulations require exporters to provide notice of the proposed export of substances on the Export Control List and to submit annual reports. In 2002, 10 notifications of export were received.

Export of substances on the Export Control List for 2002

Environment Canada amended the Export Control List (Schedule 3) to add a total of four substances (see Table 5).

Table 5: Substances added to the Export Control List (Schedule 3) in 2002-03
Substance Finalized Sectors involved
Binapacryl (CAS No. 485-31-4) August 28, 2002 Pesticides
Toxaphene (CAS No. 8001-35-2) August 28, 2002 Pesticides
1,2-Dichloroethane (CAS No. 107-06-2) August 28, 2002 Pesticides
Ethylene oxide (CAS No. 75-21-8) August 28, 2002 Pesticides

Export Control List

Environment Canada finalized the Export of Substances Under the Rotterdam Convention Regulations in August 2002. The regulations permit Canada to implement the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade. The regulations ensure that certain chemicals and pesticides are not exported to Parties to the Convention unless the importing Party has provided its “prior informed consent” to the export.

CEPA 1999 Environmental Registry -- Regulations

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