5. Controlling Toxic Substances (Part 5)

• 5.1 Existing Substances
  • 5.1.1 Risk Management
  • 5.1.2 Consultations
• 5.2 New Substances
• 5.3 Export of Substances

Part 5 of CEPA 1999 includes specific provisions for data collection, assessment and management on new and existing substances in Canada. CEPA 1999 introduced a requirement for the government to sort through, or “categorize,” the substances on the Domestic Substances List (DSL). The categorization process identified substances that:

• were suspected to be inherently toxic to humans or to the environment, and are persistent (take a very long time to break down) and/or bioaccumulative (collect in living organisms and end up in the food chain); or
• present the greatest potential for exposure to Canadians.

As a result of the September 2006 completion of the categorization exercise, Environment Canada and Health Canada identified approximately 19 000 substances that needed no further action at that time and approximately 4300 chemical substances that needed screening assessments. These 4300 substances are being addressed under the initiative called the Chemicals Management Plan (CMP). Activities under the CMP include risk assessment, risk management, research, compliance promotion, enforcement and monitoring/surveillance.

Through the Challenge program of the CMP, the government committed to addressing the 200 highest-priority substances. These 200 substances were divided into a number of smaller groups or “batches” that are addressed sequentially. Each batch of substances in the Challenge progresses through various information-gathering, screening-assessment, risk-management, and compliance promotion and enforcement (where appropriate) stages. Every three months, the program launches a batch of 12–20 substances by publishing the names of these substances in the Canada Gazette, Part I, for a six-month call for information.

Screening assessments are conducted to assess whether substances meet one or more of the criteria in Section 64² of CEPA 1999. The results of the screening assessments are published in draft form on the Chemical Substances website, and the ministers of the Environment and Health propose a notice in the Canada Gazette, Part I. Interested parties can file written comments on the notice during a 60-day public comment period. After taking into consideration comments received, the ministers may, if they deem it appropriate, revise the screening assessment report.

Table 3 lists the 2010–2011 assessment decisions for 171 existing substances. This total reflects draft and/or final assessment decisions for 76 substances in batches 6 through 12 of the challenge, as well as assessment decisions for 94 other existing substances or groups of substances that were not part of the batches. Additional details on the draft and final assessment decisions for substances in batches 6 to 12 are provided in Appendix B of this report.

* The dates are those on which the draft and final notices were published in the Canada Gazette, Part I.

For chemical substances that assessment finds to meet the definition of toxic, or for those strongly suspected of being dangerous, steps are taken to control their use and prevent, reduce or eliminate their release into the environment. This is known as “risk management.” Risk management instruments include regulations, pollution prevention plans, environmental performance agreements, permits, charges, substance lists, guidelines and codes of practice. These instruments can address any aspect of the substance's life cycle, from the research and development stage through manufacture, use, storage, transport and ultimate disposal or recycling. Besides the risk management instruments for which activity occurred during the reporting period (described in this section), 15 proposed CEPA 1999 instruments were published to address high-priority substances under the challenge.

5.1.1.1 Addition of Substances to Schedule 1

Along with the results of the screening assessment, the ministers must publish in the Canada Gazette their final recommendation regarding adding a substance to Schedule 1 (the List of Toxic Substances), adding it to the Priority Substances List for further assessment, or concluding that no further action is necessary for the substance.

Ministers May recommend the addition of a substance to Schedule 1 of CEPA 1999 to the Governor in Council if a screening assessment shows that a substance meets one or more of the criteria in Section 64. The Governor in Council May then approve an order specifying its formal addition to Schedule 1. The addition of substances to Schedule 1 of CEPA 1999 obliges the ministers to develop risk management instruments.

Table 4 lists the substances or groups of substances that were proposed to be added to Schedule 1 of CEPA 1999 in 2010–2011. Table 5 lists the substances or groups of substances that were added to Schedule 1 of CEPA 1999 (the list of toxic substances) in 2010–2011.

* The dates are those on which the draft orders were published in the Canada Gazette, Part I.

* The dates are those on which the final orders were published in the Canada Gazette, Part II.

5.1.1.2 Significant New Activity Notices

Significant New Activity Notices can be issued for a chemical substance so that any major changes in the way it is used are reported to the Government of Canada. This approach ensures that government experts can evaluate whether a new use poses a risk to human health or the environment, and determine the conditions under which the new use will be allowed, if at all.

In 2010–2011, Notices of Intent to apply Significant New Activity Notices were published for 18 substances and final orders were published for 22 substances (Table 6). A person who intends to use, manufacture or import any of these substances in quantities exceeding 100 kilograms (kg) per year must provide prescribed information prior to initiating the new activity.

* The dates are those on which the notices of intent and final orders were published in the Canada Gazette, Part I and Part II, respectively. Note that registration of final orders usually occurs before the order is published. The table reflects substances that meet the criteria set out in Section 64 of CEPA 1999 and substances that do not meet the criteria.

5.1.1.3 Regulations

On February 26, 2011, Environment Canada published the proposed Regulations Respecting Products Containing Certain Substances Listed in Schedule 1 to the Canadian Environmental Protection Act, 1999. Mercury and mercury compounds are the only substances targeted by the proposed regulations. The regulations would prohibit the manufacture, import, and sale of mercury-containing products, with some exemptions for essential products that have no viable alternatives, such as lamps and dental amalgam (fillings); require labeling and reporting for permitted and exempt products; limit the mercury content in some exempted products such as fluorescent lamps; allow the possibility of permits for mercury-containing products to be in the marketplace, after an assessment of the product's purpose, available alternatives, risks and benefits for human health and the environment, and end-of-life management practices for the product. The proposed regulations were published for a 75-day comment period ending May 12, 2011. Environment Canada and Health Canada will be summarizing the comments received and publishing a response in 2011. The final regulations are expected to be published in 2012, with a delayed entry into force.

On June 23, 2010, Canada announced its intention to develop a regulation that will establish a performance standard to limit GHG emissions from coal-fired electricity generation units.

Table 7 lists all of the proposed and final regulations published under Part 5 of CEPA 1999 in 2010–2011.

*The dates are those on which the draft notice and final regulations were published in the Canada Gazette, Part I and Part II, respectively. Note that registration of final orders usually occurs before the order is published.

Regulations Amending the Benzene in Gasoline Regulations (Miscellaneous Program)

The Regulations Amending the Benzene in Gasoline Regulations (Miscellaneous Program) were developed, under Part 11 of CEPA 1999, to address a recommendation made by the Standing Joint Committee for the Scrutiny of Regulations. The objective of the amendments is to remove redundant wording in the Benzene in Gasoline Regulations.

5.1.1.4 Pollution Prevention Planning

The provisions within Part 4 of CEPA 1999 allow the Minister of the Environment to require designated persons to prepare, implement and report on pollution prevention (P2) plans for toxic substances. P2 planning notices provide the flexibility for industry to determine the best methods within their processes and activities to meet the risk management objective within the notice.

In 2010–2011, four proposed notices and one final notice were published; five other P2 planning notices were active.

Pollution Prevention Planning Notices published

Polyurethane and other foam sector (except polystyrene) – toluene diisocyanates

A proposed P2 planning notice published in the Canada Gazette, Part 1, on July 3, 2010, addresses harmful substances implicated in the polyurethane and other foam sector (except polystyrene).This sector-based P2planning notice will allow the addition of other substances, as May be required in the future, with substance-specific risk management objectives and requirements.

The first group of substances to be addressed is toluene diisocyanates, which are used in household furniture, automotive upholstery, and packaging. This P2 planning notice May affect up to 60 facilities.

Bisphenol A in industrial effluents

A proposed notice was published in the Canada Gazette, Part 1, on October 16, 2010. The notice requires industrial facilities whose use of BPAexceeds a given threshold to develop and implement a plan to keep any effluent below a set standard. BPA is imported for use in a number of sectors such as investment casting, epoxy resin, polyvinyl chloride compounding, wire cable coating and can coatings. The P2 plan is expected to apply only to a few facilities that continue to generate effluent containing BPA.

Resin and synthetic rubber manufacturing sector – Isoprene

A proposed notice published in the Canada Gazette, Part 1, on January 1, 2011, addresses harmful substances that are released from resin and synthetic rubber manufacturing industries. This sector-based P2planning notice will allow the addition of other substances, as May be required in the future, with substance-specific risk management objectives and requirements.

The first substance addressed by the notice is isoprene or 1,3 butadiene, 2-methyl-. The substance is used mainly in the production of vehicle tires and a wide variety of products including medical equipment, toys, shoe soles, textiles and paints. This P2 planning notice will currently have an impact on one facility within the resin and synthetic rubber sector.

Cyclotetrasiloxane, octamethyl- (siloxane D4) in industrial effluents

A proposed notice was published in the Canada Gazette, Part I, on January 15, 2011. The notice requires that industrial facilities manufacturing or using D4 or a mixture containing D4 above a given threshold develop and implement a plan to keep effluents below a set standard. The substance is found in personal care products and is also used in other applications such as textiles, paints and coatings, sealants, lubricants and plastics. Thirty-four facilities are expected to be subject to this P2 planning notice, mostly in Ontario and Quebec.

Active Pollution Prevention Planning Notices

Dental Amalgam

On April 18, 2009, a proposed P2 planning notice under CEPA 1999 was published in the Canada Gazette, Part I, outlining requirements for the owners and/or operators of certain dental facilities to prepare and implement P2 plans with respect to mercury releases from dental amalgam waste.

The final notice was published on May 8, 2010. The notice applies to dental facilities that have not implemented all of the best-management practices set out in Appendix A of the notice or in the Memorandum of Understanding Respecting the Implementation of the Canada-wide Standard on Mercury for Dental Amalgam Waste between the Canadian Dental Association and Environment Canada for the voluntary implementation of the Canada-wide Standard on Mercury for Dental Amalgam Waste.

The deadlines for declarations of development and implementation were September 13 and December 13, 2010, respectively. Three requests for time extensions for the implementation of P2 plans were received and granted, each for less than five months. The number of declarations submitted by March 31, 2011, was far lower than expected--approximately 258 declarations of development were received out of an estimated 2500 subject facilities. Compliance promotion is underway and enforcement activities are being planned.

Mercury releases from mercury switches in end-of-life vehicles

This notice applies to certain vehicle manufacturers and steel mills and it required preparation of a P2 plan by July 2008. The risk management objective is to reduce releases of mercury to the environment through participation in a mercury switch management program. Interim progress reports were submitted in 2009 to Environment Canada. All reporting companies indicated that 64 011 switches were collected in 2008, the first year of the switch collection program. This represented a capture rate of 19.7%. Environment Canada published a progress report outlining the results of the switch recovery program in June 2010. The submission deadline for declarations of implementation is in January 2012.

Base metal smelters and refineries, and zinc plants

This notice applies to 11 base metal smelters and refineries, and zinc plants. Nine of these facilities are subject to 2008 and 2015 annual limit targets for air releases of sulphur dioxide and PM. In addition, one of these nine facilities is subject to a 2008 annual limit target for mercury; another facility is subject to a 2008 annual limit target for dioxins and furans. Environment Canada received annual interim reports from the facilities; analysis of the 2009 data submitted by facilities indicates the following:

• In 2009, facilities reported overall reductions of 40% for sulphur dioxide, 54% for PM, 51% for mercury, 18% for arsenic, 45% for cadmium, 13% for lead, 79% for nickel and 18% for dioxins and furans, compared with 2005 releases.
• The sector reported greater reductions in 2009 for sulphur dioxide, PM and certain metals compared with reductions reported for 2008. These reductions are mostly attributed to lower emissions from one facility that was not in operation for an extended period in 2009.
• Another facility, the largest emitter in the sector, accounts for the reported decrease in mercury emissions for 2009 compared with 2008.

Most of facilities have met the 2008 annual limit target for sulphur dioxide and particulate matter. In 2010–2011, three facilities submitted their declarations of implementation. This indicates that these facilities have declared that the P2 plan requirements have been fully implemented either because all the tasks set out in their P2 plan had been completed or because of a partial or complete cessation of their operations.

Textile mills that use wet processing

Mills subject to this notice had until March 1, 2010, to provide a written declaration indicating that a P2 plan had been successfully implemented. The P2planning notice for textile mills has been successful. The risk management objective to reduce the use of nonylphenol and its ethoxyl derivatives by 97% relative to 1998 levels by 2010 has been fully achieved. This has contributed significantly to reducing the impacts of the toxicity of textile effluents on the environment.

Nonylphenol and its ethoxylates contained in products

This notice applies to persons who (i) own or operate facilities that manufacture soap and cleaning products, or processing aids used in wet textile processing, or pulp and paper processing aids; or (ii) import soap and cleaning products, or processing aids used in wet textile processing or pulp and paper processing aids. Persons are required to consider reducing the total quantity of nonylphenol and its ethoxylates used to manufacture products and imported in products in the base year (typically 1998) by 50% and 95% in Phase 1 and Phase 2, respectively.

January 31, 2011, was the deadline to submit the declarations that the plans had been completed and fully implemented. Analysis of the submissions indicates that overall on-site use of nonylphenol and its ethoxylates was reduced to 38 200 kg in 2010 (a 98% reduction from the base-year level). Importation of nonylphenol and its ethoxylates in 2010 was reduced to 32 477 kg (a 96% reduction from the base-year level).

Inorganic chloramines and chlorinated wastewater effluents

This notice applies to owners or operators of 84 wastewater systems that in 2004 or 2005 discharged, to surface waters, 5000 cubic metres per day or more of effluent with a total residual chlorine concentration of greater than 0.02 mg/L. The risk management objective is to achieve and maintain a concentration of total residual chlorine that is less than or equal to 0.02 mg/L in the effluent released to surface water, by December 15, 2009. The deadline for submitting a declaration that the pollution prevention plan had been implemented was July 15, 2010. As of March 31, 2011, 61 wastewater system operators had declared that they had fully implemented their plans, while an additional 10 systems have been granted time extensions to implement their plans for which the deadlines have not yet passed.

5.1.1.5 Environmental Performance Agreements

Environment Canada uses a range of tools to protect the environment, including non-regulatory agreements with industry that commit certain sectors or companies to specific challenges or performance levels. An Environment Performance Agreement is negotiated around the key principles and design criteria outlined in Environment Canada's Policy Framework for Environmental Performance Agreements.

Environmental performance agreement on production of hydrochlorofluorocarbons in Canada with E.I. DuPont Canada Company

This performance agreement came into effect on January 1, 2010. As a result, DuPont agreed to limit its annual production level of HCFCs in Canada to no more than 122.9 ozone-depleting potential tonnes, which represents 15% of Canada's baseline production level (or an 85% reduction). This is well below the 75% reduction required by the Montreal Protocol on Substances that Deplete the Ozone Layer.

In January 2011, E.I. DuPont Canada submitted its first annual report under this agreement. DuPont's production level of HCFCs in Canada conforms to the performance objective of the agreement.

Environmental Performance Agreement with Alcoa concerning atmospheric emissions of polycyclic aromatic hydrocarbons (PAHs)

This agreement with Alcoa was completed in December 2009; in 2010, Environment Canada published the final report for this agreement. As a result of this agreement, Alcoa's Baie-Comeau, Quebec, facility reduced its PAH emissions intensity (in kilograms of PAHs per tonne of aluminum) by 45% since 2005. Environment Canada has publicly recognized Alcoa's accomplishments pursuant to this agreement in a letter of acknowledgement.

Environmental Performance Agreement with Rio Tinto Alcan concerning atmospheric emissions of polycyclic aromatic hydrocarbons (PAHs)

The performance objectives outlined in the agreement are being achieved at all covered facilities. Since 2007, Rio Tinto Alcan's PAH emissions have been reduced by more than 110 tonnes and further reductions are expected before the agreement ends in 2015. Environment Canada publishes an annual report update that is available on its website.

Environmental Performance Agreement with the Vinyl Council of Canada and the Tin Stabilizers Association

Under this five-year agreement (2008–2013), the two industrial organizations implement a good-management-practices guideline to minimize releases of the organotin-based stabilizers used in polyvinyl chloride processing. In December 2010, Environment Canada published the third annual progress report pertaining to the Environmental Performance Agreement Respecting the Use of Tin Stabilizers in the Vinyl Industry.

A key element of this agreement is a requirement to verify compliance by the approximately 35 affected facilities with the practices set out in the guideline. Environment Canada will conduct verification of compliance at each participating facility during the duration of the agreement. For any non-compliance that is still unresolved when each final report is issued, parties will agree upon remedial action plans. All facilities visited by the verification team to date are either in full compliance with the guideline or have in place an action plan and schedule to address and remedy any issues identified by the team.

Environmental Performance Agreement respecting perfluorinated carboxylic acids (PFCAs) and their precursors in perfluorinated products sold in Canada

In March 2010, the Environmental Performance Agreement respecting long-chain PFCAs and their precursors in perfluorinated products was finalized. This agreement is a key component of a comprehensive risk management strategy for PFCAs. The agreement is intended to incite participating companies to:

• Work towards the elimination of residual perfluorooctanoic acid (PFOA), residual long-chain PFCAs and residual precursors in their perfluorochemical products sold in Canada, and
• Collect and report information on their perfluorochemical products sold in Canada that contain PFOA, long-chain PFCAs and precursors (residual and non-residual).

Data have been received by companies participating in the agreement and are being considered.

5.1.1.6 Use of Monitoring and Surveillance to Measure Performance of Risk Management Activities

The CMPMonitoring and Surveillance Program collects data on the concentration of chemical substances in environmental compartments at locations across Canada. Environmental compartments include surface water, sediment, air, aquatic biota, and wildlife. Wastewater treatment influent, effluent and biosolids as well as landfill leachate and gas are also monitored at select locations representing a range of input and treatment system types.

The program has collected data on PBDEs, perfluorinated compounds (including PFOS and PFCAs), bisphenol A and metals in relevant compartments, to provide measured environmental data for risk assessment and risk management decision making. The collection of data on these substances will establish baseline information and ultimately allow for the analysis of temporal trends--a key element of measuring the performance of risk management activities.

5.1.1.7 Substance-specific Risk Management Results

Canada has reduced its domestic sources of anthropogenic (human-induced) mercury releases by approximately 90% since the 1970s. However, transboundary mercury emissions are rising and now account for more than 95% of mercury deposition in Canada. Accelerated global efforts will be critical to meeting Canadian environmental and human health goals. Accordingly, the Government of Canada is committed to taking further actions at home and internationally to minimize and, where feasible, eliminate anthropogenic mercury releases.

A risk management strategy for mercury was published by the Government of Canada in October 2010. The strategy provides a comprehensive description of the government's progress to date in managing mercury, and outlines current and anticipated mercury-management activities. These include regulations that are expected to reduce mercury emissions from electrical power generation; regulations that will prohibit the import, manufacture and sale of mercury-containing products; and ongoing participation in negotiations under the United Nations Environment Programme towards a global, legally binding instrument on mercury.

In February 2009, the Governing Council of the United Nations Environment Programme agreed to the preparation of a global, legally binding treaty on mercury to drive all countries to reduce their mercury emissions and minimize health and environmental impacts associated with these emissions. Since negotiations were launched in 2010, two sessions have taken place. Negotiations are to be completed by 2013. Canada has been an active participant on the international negotiating committee, represented by the federal government with observers from environmental non-governmental organizations and Aboriginal groups.

The following public consultations were held in 2010–2011:

An email consultation took place from November 12, 2009, to December 23, 2009, with urethane and miscellaneous foam sector (excluding polystyrene) companies on the Working Document for the Pollution Prevention Planning Notice for the Urethane and Miscellaneous Foam Sector (excluding Polystyrene). A multi-stakeholder workshop reviewed the proposed approach on March 22, 2010. The Proposed Pollution Prevention Planning Notice published in the Canada Gazette, Part I, on July 3, 2010, for a 60-day public comment period, considered comments received on the working document and on the draft proposed Planning Notice.

In August 2010, a final version of the Ecological State of the Science Report on Decabromodiphenyl Ether (decaBDE) and a final revised risk management strategy for polybrominated diphenyl ethers (PBDEs) (PDF document, 289KB) was published for a 60-day comment period.

In September 2010, a Notice of Intent was published to solicit the views of the public on the intent of the Minister of the Environment and the Minister of Health to recommend to the Governor in Council to develop export controls for perfluorooctane sulfonate, its salts and certain other compounds that contain the C₈F₁₇SO₂, C₈F₁₇SO₃ or C₈F₁₇SO₂N groups (PFOS) and lindane for a 60-day public comment period.

In October 2010, Environment Canada undertook consultations on a Draft Order Amending Schedule 3 to CEPA 1999. Schedule 3, or the Export Control List, includes substances that are prohibited or restricted for use in Canada or are subject to an international agreement that requires the notification or the consent of the country of destination before they are exported from Canada.

In November 2010, Environment Canada published a consultation document to give interested and affected parties in the chemical production sector an opportunity to provide input on the proposed addition of BNST to the Prohibition of Certain Toxic Substances Regulations.

Environment Canada published a consultation document to give interested and affected parties an opportunity to provide input on the proposed risk management instruments for D4 in industrial effluents and personal care products. A multi-stakeholder consultation took place on August 10 and 11, 2010.

In January 2011, Environment Canada published a consultation document for comment on the proposed risk management measure for tetrabutyltin.

In January 2011, Environment Canada published a consultation document for comments on the proposed risk management measure for the non-pesticidal uses of tributyltin. The document outlines the proposal for adding tributyltins to the Prohibition of Certain Toxic Substances Regulations.

The working document for the Pollution Prevention Planning Notice for Isoprene in the Resin and Synthetic Rubber Manufacturing Sector was prepared for stakeholder review and comment from August 23, 2010, to September 20, 2010, in preparation for the Proposed Notice. Environment Canada published the Pollution Prevention Planning Notice in the Canada Gazette, Part I, on January 1, 2011, for a 60-day comment period.

Substances that are not on the DSL are considered to be new to Canada. New substances May not be manufactured in or imported into Canada unless Environment Canada has been notified with certain prescribed information, and the period for assessing the information has expired. New substances include living organisms; reporting on living organisms is included in Part 6 of this report.

In 2010–2011, 461 new substance notifications were received pursuant to the New Substances Notification Regulations (Chemicals and Polymers) and the New Substances Notification Regulations (Organisms). Of these, the Minister issued 16 Significant New Activity Notices (Table 8), three Ministerial Conditions (Table 9), and no prohibitions.

Some of the 461 new substances notifications related to nanomaterials and substances that have the potential to be manufactured in the nanoscale. Of these, the Minister issued three Significant New Activity Notices.

Of the 461 notifications, 43 notifications were related to chemical or polymer substances and eight notifications were related to living organisms intended solely for use in products regulated under the Food and Drugs Act. In 2010–2011, three Significant New Activity Notices, one re-evaluation of a Significant New Activity Notice, one Ministerial Request for additional information, and two Ministerial Conditions were published for substances in products regulated under the Food and Drugs Act.

As announced on September 4, 2010 in the Canada Gazette, Part I, the nomination process for the revised In Commerce List of Food and Drugs Act substances was opened on July 1, 2010 and scheduled to end in July 2011. The first phase of the process involved 10 volunteer companies. Representatives of these companies attended a training session that included an information package with a detailed guidance document, frequently asked questions, contact information for enquiries, and nomination forms for chemicals and polymers and micro-organisms.

* The dates are those on which the final notices were published in the Canada Gazette, Part I.

* The dates are those on which the final notices were published in the Canada Gazette, Part I.

Under CEPA 1999, the Export Control List (ECL) includes substances whose export is controlled because their use in Canada is prohibited or severely restricted, or because Canada has agreed, through an international agreement such as the Rotterdam Convention, to control their export. CEPA 1999 requires exporters to submit prior notice of export substances on the ECL.

In 2010–2011, 91 export notices were submitted to the Minister of the Environment.

² Under Section 64 of CEPA 1999, a substance is toxic if it is entering or May enter the environment in a quantity or concentration or under conditions that:

• (a) have or May have an immediate or long-term harmful effect on the environment or its biological diversity;
• (b) constitute or May constitute a danger to the environment on which life depends; or
• (c) constitute or May constitute a danger in Canada to human life or health.