Response to comments on proposed Prohibition of Certain Toxic Substances Regulations: chapter 4

Polychlorinated Naphthalenes (PCNs)

Topic Comment Summary Response
Products in Use An industry stakeholder noted that the Regulations should not disrupt the products already in use that contain PCNs, such as underground cables. The Regulations take into consideration any potential issues associated with existing products containing PCNs (i.e. products in use in Canada prior to the coming into force of the Regulations such as underground cables), by including an exemption for the use, sale and offer for sale of products manufactured or imported into Canada prior to the coming into force of the Regulations.
Laboratory Use An industry stakeholder proposed that the Regulations should allow for the continuation of the use of substances in laboratories as it would be beneficial for research and development. The Regulations take into consideration the use of PCNs as analytical standards by exempting manufacture, use, sale, offer for sale and import of PCNs used in a laboratory for analysis, in scientific research or as a laboratory analytical standard.
General Comments The Regulations should address PCN disposal methods.

The Regulations aim to minimize potential releases by prohibiting the manufacture, use, sale, offer for sale or import of PCNs or any products containing PCNs.

Furthermore, EC has undertaken research on the unintentional production of PCNs and has concluded that no additional control measures are needed at this time to control unintentional production and release of PCNs from waste disposal.

In addition, the monitoring of PCNs is occurring under a comprehensive monitoring and surveillance strategy for all substances under the Chemicals Management Plan. This monitoring will be used to determine whether further action needs to be taken with respect to unintentional releases of PCNs in the future.

An industry stakeholder questioned whether it was premature to publish the Regulations before the completion of the consultation process for the Risk Management Approach and the addition of PCNs to CEPA Schedule 1. The Government of Canada published a Risk Management Scope for PCNs which stated that a prohibition was being considered.  No comments were received regarding the proposal to prohibit these substances. In addition, stakeholders had an opportunity to provide comments on the proposed regulatory controls for PCNs when the proposed Prohibition of Certain Toxic Substances Regulations, 2012 were published in Canada Gazette on July 23, 2011 for a 75-day public comment period. Comments received on the proposed regulations suggested that stakeholders were supportive of the proposed regulatory measures for PCNs. PCNs have been added to the List of Toxic Substances in Schedule 1 of CEPA 1999 on October 10, 2012.

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