Response to comments on proposed Prohibition of Certain Toxic Substances Regulations: chapter 1

Benzenamine, N-phenyl-, Reaction Products with Styrene and 2,4,4-Trimethylpentene (BNST)

Topic Comment Summary Response
Use in Lubricants Industry stakeholders have expressed that substitutes for BNST are ready and available and that the 2-year temporary permitted use exemption should be sufficient. However, should difficulty occur during the substitution process, the permitted use exemption should be extended. A non-governmental organization was concerned that 2-years was too long for temporary permitted usage. The Government of Canada is providing a 2-year temporary permitted use exemption for the use of BNST as additive in lubricants. If required, anyone importing or manufacturing BNST for use as an additive in lubricants can apply for an annual permit after the end of the 2-year exemption period under conditions specified in the Regulations.
An industry stakeholder proposed that the temporary permitted use period be applicable to the use of BNST as an anti-oxidant in other lubricants such as motor vehicle power steering fluids, transmission fluids, and various grease. The intent is that the 2-year temporary permitted use exemption would apply to the use of BNST in all types of lubricants; therefore the Regulations have been modified to clarify this issue.
Use in Rubber Some industry stakeholders have provided information indicating that BNST is used in automobile and vehicle rubber parts. They also requested an exemption for this use on the basis that the use of BNST in rubber poses less risk to the environment than vehicle engine oil. The use of BNST in rubber parts is not expected to contribute to environmental releases.  Thus an exemption has been added to the Regulations for the use of BNST in rubber products, with the exception of tires. No uses in tires were identified or reported, thus this use was not exempted to avoid introduction.
Products in Use There should be an exemption for products containing BNST manufactured and imported prior to the coming into force of the Regulations. An exemption has been added for the use, sale and offer for sale of products containing BNST, short-chain chlorinated alkanes, PCNs and TBTs that were manufactured or imported prior to the coming into force of the Regulations. This exemption is also applicable for products containing BNST as an additive in lubricants if manufactured or imported prior to the end of the temporary permitted use period. This is intended to allow the sale of existing products that may contain these substances and to allow on-going use of these products.
Reporting Requirements An industry stakeholder noted that there is an inconsistency between the original Section 71 notice of a 100 kg reporting threshold and the new requirement of a 1 kg reporting threshold for BNST. Environment Canada should not lower the reporting threshold of 100kg to 1kg annually. Reporting requirements associated with regulations and Section 71 notices are intended to serve different purposes.  The proposed Regulations had included a reporting requirement for the manufacture and import of BNST in quantities greater than 1kg.  However given that the Regulations include a permitted use exemption and a temporary use exemption for BNST, the reporting requirements for BNST have been removed.
International Jurisdictions Industry associations suggested that the Government of Canada should harmonize their environmental safety and trade regulations for automobiles with those of the United States and globally. The objective of the Regulations is to protect the Canadian environment from the risks posed by BNST. BNST has been found to meet the criteria for persistence, bioaccumulation potential and toxicity to non-human organisms. Taking no action would result in the continued release of BNST into the Canadian environment, which would further exacerbate the risks linked to this substance. During the development of the Regulations, consideration was given to actions taken in other jurisdictions.
General Comments An industry association was concerned that some suppliers may not identify BNST on the MSDS for their products, thus it may be difficult to identify and capture all sources of BNST. The expectation is that manufacturers and importers should be able to obtain information regarding the amount of BNST found in products to comply with the Regulations.
An industry association recommended that Environment Canada undertake additional evaluation and consultation on BNST before moving forward with the proposed regulations.

The Government of Canada has consulted on the draft ecological risk assessment. Following these consultations the final risk assessment report for these substances was published.

Consultations also occurred as part of the development of the Regulations.  Stakeholders had the opportunity to comment on the proposed Regulations. Based on comments received, some changes have been made to address concerns raised by stakeholders, for example, rubber products containing BNST, with the exception of tires, have been exempted from the Regulations.

A non-governmental organization proposed that consideration should be given for BNST released during export and disposal of stockpiles and waste. As BNST is an antioxidant additive used in lubricants, the disposal of lubricant products containing BNST are expected to be managed throughout provincial/territorial Used Crankcase Oil (UCOs) programs. All provinces and territories classify UCOs as hazardous waste under their respective legislation and it is expected that UCOs will be disposed of by authorized facility.
A non-governmental organization asked that the alternatives of BNST should be assessed and the results should be presented in a report and made available to the public. Substituted diphenylamines with various degrees of phenyl or alkyl substitution are known as potential alternatives for BNST. These substances are being assessed as part of the Chemical Management Plan under the Substances Grouping Initiative. Results of any assessments will be published once they have been completed. For more information on that initiative please refer to the Chemicals Substances website under the Substance Groupings Initiative menu.
An industry stakeholder questioned whether BNST is really manufactured in Canada. The manufacture of BNST occur in Canada.
An industry stakeholder noted that caution should be taken before implementing risk management action for BNST based on modelled data. The substance BNST was included in the Challenge initiative under the Chemical Management Plan as one of approximately 200 substances identified as high priorities for action. The final screening assessment report for BNST concluded that BNST is potentially harmful to the environment and meets the criteria set out under paragraph 64(a) of Canadian Environmental Protection Act, 1999 and the criteria for persistence and bioaccumulation potential. A notice summarizing the scientific considerations of the final screening assessment report for BNST was published in the Canada Gazette, Part I, on August 1, 2009. In addition, BNST also met the criteria for virtual elimination as set out under subsection 77(4) of CEPA 1999. BNST was added to the List of Toxic Substances in Schedule 1 of CEPA 1999 on March 2, 2011.  Therefore actions are being put in place to prevent harmful effects on the environment.
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