Chemicals Management Plan Progress Report

Issue 4, Spring 2015

(PDF Format - 1 089 KB)

Content

• About this Report
• Chemicals Management Plan (CMP) Status Report
• The Substance Groupings Initiative
• The Petroleum Sector Stream Approach
• The Substance Groupings Initiative: Status at a Glance
• New Substances Program Update
• Polymers: Publications and Planning
• Risk Management Instruments
• The National Pollutant Release Inventory: New Data Published
• Latest Activities on Nanomaterials
• Review of Significant New Activity Orders and Notices
• Canadian Health Measures Survey: New Biomonitoring Data Coming out this Summer
• Pesticides Under Regular Review
• Cosmetics and the CMP
• Stakeholder Engagement News
• CMP and First Nations
• International Chemicals Management Activities
• Opportunities for Public Comment
• Publications on the Horizon

About this Report

This issue of the Chemicals Management Plan (CMP) Progress Report covers activities between December 2014 and May 2015. It also provides information about future events, dates of interest and future engagement opportunities.

The report is produced jointly by Environment Canada and Health Canada.

For information about the CMP, or to find previous issues of the CMP Progress Report, visit the Chemical Substances website.

Feedback and suggestions are also welcome and can be sent to Substances@ec.gc.ca.

Chemicals Management Plan (CMP) Status Report

Canada’s Chemicals Management Plan continues to make progress on its mandate of reducing the risks posed by chemicals to Canadians and their environment. It does so by assessing chemicals used in Canada and taking action on those found to be harmful.

In 2006, the government completed a triage of some 23,000 chemicals that had been in commercial use during the 1980s.

That triage process identified 4,300 substances for further attention.

The goal of the CMP is to address all of those substances by 2020, and the government is on track to complete its objectives.

To date, this exercise has led to the assessment of 2,700 substances, where 97 substances or groups of substances have been concluded toxic. For these toxic substances, 63 final risk management instruments covering 64 substances or groups of substances have been developed. Additional risk management instruments are currently being developed. Since 2006, an additional 4,500 notifications for new substances were assessed prior to their introduction into the Canadian market.

For information on the CMP, visit the Chemicals Management Plan webpage or see the Overview of the Chemicals Management Plan fact sheet.

Figure 1: Progress to date on the 4,300 substances identified for further attention

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The Substance Groupings Initiative

Aromatic Azo- and Benzidine-based Substance Grouping

Final screening assessments for aromatic azo- and benzidine-based substances have been published for 129 of the 358 substances. The assessments for the remaining substances, monoazo pigments and solvent dyes, aromatic amines and azo basic dyes, azo disperse dyes and azo acid dyes, are expected to be published in the coming months.

Given the potential health and ecological concerns for some of the substances assessed in the Aromatic Azo and Benzidine-based Substance Grouping, the government is investigating options for how best to monitor changes in the use profile of these substances. Stakeholders will have the opportunity to provide feedback on a consultation document describing potential options for information-gathering or preventative actions.

The document is to be published once assessments for all of the substances in the grouping are completed.

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The Petroleum Sector Stream Approach

Between December 2014 and May 2015, the following screening assessments of high priority petroleum substances were published:

• Final Screening Assessment and Risk Management Approach for Stream 3 Fuel Oil No. 2 (published February 21, 2015): This substance was determined to be harmful to the environment. The government will focus on practices and technologies available for reducing the occurrence and impact of spills. This will include the proposed addition of Fuel Oil No. 2 to the Environmental Emergency Regulations under the Canadian Environmental Protection Act, 1999. As well, the government will explore options for further reducing the occurrence of small spills associated with residential storage tanks for Fuel Oil No. 2.
• Draft Screening Assessment for Stream 4 Petrolatum and Waxes (published March 7, 2015): The screening assessment proposed that these substances are not harmful to human health or the environment at current levels of exposure.

For more information, visit the Petroleum Sector Stream Approach webpage or see previous issues of the Chemicals Management Plan Progress Report.

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The Substance Groupings Initiative: Status at a Glance

For more information, visit the Substance Groupings Initiative webpage or see previous issues of the Chemicals Management Plan Progress Report.

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New Substances Program Update

From December 1, 2014 to May 31, 2015, the New Substances Program assessed 299 notifications for new substances prior to their introduction into the Canadian marketplace. All 299 notifications were assessed within regulatory timelines to protect Canadians and the environment.

Of these, 261 were for chemicals and polymer substances, one was for a substance that fell within the nanoscale, 14 were for living organisms and 23 were for substances regulated under the Food and Drugs Act.

In that time period, 95 substances were added to the Domestic Substances List – 47 to the public portion and 48 to the confidential portion.
For information on the New Substances Program, visit the Chemical Substances website.

Summaries

Six new summaries for new chemicals and polymer substances are planned to be published in July 2015. These summaries cover substances for which the risk assessment has been completed, a restriction has been imposed, and for which the restriction was published in the Canada Gazette.

Webinars

New Substances webinars are held regularly and provide participants with the basics of the New Substances Notification Regulations (Chemicals and Polymers) and help them understand the processes, the common errors, the requirements, etc. The following webinars have been held since publication of the third issue of the CMP Progress Report:

If you wish to participate in the New Substances webinars, please send a request to   Substances@ec.gc.ca.

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Polymers: Publications and Planning

The final Polymer Approach document was published on December 19, 2014. It outlines the assessment approach for polymers on the Domestic Substances List identified as priorities during categorization.

A draft rapid screening assessment report for approximately 330 polymers identified as not being in commerce in quantities of more than 1,000 kg/yr in 2011 was published on February 28, 2015. Stakeholders had until April to submit comments. The final rapid screening assessment report for these polymers is targeted for publication by the end of March, 2016.

Consultation with stakeholders began in February 2015 to obtain information on certain polymers to support risk assessment activities under the Polymer Approach. Remaining data needs will be addressed via a mandatory notice under section 71 of the Canadian Environmental Protection Act, 1999. The noticeis expected to be released this summer to collect information on the import, manufacture and formulation activities for a subset of the polymers included in the Polymer Approach.

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Risk Management Instruments

This is the first of a series of articles on chemicals risk management instruments that have been used under the CMP. In this issue, the spotlight is on pollution prevention planning notices.

Pollution Prevention Planning Notices

Pollution prevention planning is a process to examine current operations and develop a plan to eliminate or reduce pollution from facilities at the source. By developing a plan, facilities are able to identify options according to the environmental protection hierarchy (prevention, reuse/recycle, treatment, control, waste disposal), evaluate these options and implement them within a specified timeframe.

A pollution prevention planning notice published in the Canada Gazette sets out who is required to prepare and implement a plan, the commercial or industrial activities it must consider and the deadlines for its preparation and implementation.

The notice also outlines the factors that must be considered when the plans are being prepared and implemented. These notices provide flexibility to the people who prepare the plan, allowing them to develop something that best meets their operational needs while considering actions that eliminate or reduce pollution at the source and address the risk management objective of the notice. A model pollution prevention plan provides guidance.

Since May 2003, 13 pollution prevention planning notices have been published – four of them under the CMP. They were for toluene diisocyanates, bisphenol A, siloxane D4 and isoprene. On April 18, 2015, a proposed notice was published for Hydrazine, and the public was asked to comment.

The Pollution Prevention Planning Notices and Results webpage presents a summary of the performance of each pollution prevention planning notice. As well, Environment Canada has produced a summary of the main design features entitled Pollution Prevention Planning Notices: Design Features, including general information on how they have been used.

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The National Pollutant Release Inventory: New Data Published

Each year, data reported by over 7,000 facilities across Canada on pollutant releases, transfers and the disposal of over 300 substances is made available to the public on the National Pollutant Release Inventory website. The reviewed data and the summary report for the 2013 reporting year was released in December 2014 and can be found on the Pollution Data and Reports webpage.

Inventory data is available in a variety of formats. This year, new predefined queries and more accessible datasets were introduced to facilitate analysis by data users.

Data is now being collected for 2014. The deadline for reporting to the National Pollutant Release Inventory for 2014 was June 1, 2015. Reporting is mandatory for facilities that meet the requirements.

Recent changes were made to the list of reportable substances to ensure it remains current, relevant and supports CMP activities. These are detailed on the webpage listing Reporting deadlines and changes to reporting requirements for 2014 and 2015.

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Latest Activities on Nanomaterials

Canada has published a consultation document on a proposed approach to address nanoscale forms of substances on the Domestic Substances List.

The consultation document outlines an approach to address nanoscale forms of substances on the Domestic Substances List using the CMP guiding principles of acquisition, evaluation and action. The proposed approach includes information-gathering to establish a list of existing nanomaterials in Canada, prioritization, and action on nanomaterials identified for further work.

A mandatory notice under section 71 of the Canadian Environmental Protection Act, 1999 is expected to be released this summer to collect information on the use and volume of nanoscale forms of substances on the Domestic Substances List. This will provide a baseline of information on the current commercial activity of nanomaterials in Canada, as well as inform the overall approach to existing nanomaterials.

As part of a broader review of current Significant New Activity Notices under the Canadian Environmental Protection Act, 1999, Environment Canada and Health Canada are reviewing notices that have been applied to nanoscale substances since 2007. The results of this ongoing review are planned for publication at the end of 2015.

The reports of the Regulatory Cooperation Council Initiative on Nanotechnology are available on the Government of Canada’s Nanoportal.

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Review of Significant New Activity Orders and Notices

To ensure they are in step with current information, policies and approaches, a review of Significant New Activity Orders and Notices has been initiated. The review is being undertaken by grouping Significant New Activity orders or notices by either substance type or by the type of ‘new activities’ described. The review continues until 2017. Significant New Activity Review groups include Aromatic Azo- and Benzidine-based Substances; Nanomaterials; New and Existing Substances with Consumer Product Wording; Substances with Effects of Concern (not in commerce); and Remaining New and Existing Substances.

Stakeholders will have an opportunity to comment on outcomes of the review during public comment periods following the publication of consultation documents prepared for some review groups (as necessary), and/or following the publication of a Notice of Intent in the Canada Gazette, Part I. Where applicable, the consultation documents will summarize the results of the review and the proposed changes to each notice or order.

To follow the progress of the review and to see a list of consultation documents and public comment periods, please visit the Significant New Activities Approach webpage.

Information Session

A web-based information session was held in March 2015 to inform stakeholders and invite their comments on a Notice of Intent to Amend the Domestic Substances List to indicate that the Significant New Activity provisions of the Canadian Environmental Protection Act, 1999 apply to Pseudomonas fluorescens ATCC 13525, which is listed on the Domestic Substances List.

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Canadian Health Measures Survey: New Biomonitoring Data Coming out this Summer

Health Canada will publish new biomonitoring data on July 15, 2015.

The Canadian Health Measures Survey collected biomonitoring data from 5,700 Canadians between the ages of three and 79 in 16 sites across the country from January 2012 to December 2013. The survey measured 105 substances in blood or urine. Acrylamide, parabens and volatile organic compounds are among the chemicals never previously measured.

For the first time, the biomonitoring report will be available online only. For more information, visit Health Canada’s webpage on Human Biomonitoring of Environmental Chemicals.

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Pesticides Under Regular Review

Since the launch of the Chemicals Management Plan in 2006, Health Canada has received funding under the CMP to support pesticide re-evaluation and special review activities. Reviewing older pesticides under modern risk assessment approaches provides opportunities to strengthen health and environmental protection through changes that include requiring the use of protective equipment or clothing, changing the way a product may be used, and in some cases discontinuing registration. Since the beginning of the CMP, Health Canada has re-evaluated and risk-managed hundreds of active ingredients, resulting in thousands of end-use products being updated to meet modern health and environmental criteria.

Legislation under the Pest Control Products Act requires pesticide re-evaluations every 15 years, as well as special reviews as needed. Many active ingredients are in various stages of review at any given time. Proposed and final re-evaluation decisions are published regularly on the Health Canada webpages Consultations and Decisions and Updates.

Notable re-evaluation decisions include the phase-out of all products containing endosulfan, new risk mitigation measures for naphthalene, and assessment of pesticidal and nonpesticidal uses of triclosan. In 2013-2014, risk management plans were published for products used as heavy-duty wood preservatives, outlining improved product use conditions and revised regulatory approaches to further protect the health of Canadians and their environment.

As science continually evolves, new risk assessment and risk management methodologies are being developed. The re-evaluation and special review program allows Health Canada to apply new knowledge to the assessment of older pesticides on an ongoing basis, to ensure that pesticides registered in Canada continue to meet modern standards for health and environmental protection.

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Cosmetics and the CMP

Cosmetics sold on the Canadian market are defined under the Food and Drugs Act as “any substance or mixture of substances, manufactured, sold or represented for use in cleansing, improving or altering the complexion, skin, hair or teeth and includes deodorants and perfumes.” All cosmetics sold in Canada must be safe to use, and must meet the requirements of the Food and Drugs Act and the Cosmetic Regulations.
In Canada, manufacturers and importers must notify Health Canada within 10 days after they first sell a cosmetic product. This notification includes, among other information about the product, a listing of all substances used in its formulation, along with their concentration ranges. Failure to notify may result in a product being denied entry into Canada or removed from sale.

In the development of CMP screening assessments, Health Canada reviews information submitted by notifiers to determine if substances under assessment are ingredients in cosmetics on the Canadian market. This information may be used in these assessments to define potential exposures to types of cosmetic products through normal conditions of use, while always respecting confidential business information.

If a CMP assessment determines that a substance used in cosmetics may pose a health risk to consumers, certain risk management actions may be considered, including addition of the substance to the List of Prohibited and Restricted Cosmetic Ingredients (also known as the Cosmetic Ingredient Hotlist). The Hotlist is an administrative tool used to communicate to manufacturers and others that certain substances, when present in a cosmetic, may contravene the general prohibition found in section 16 of the Food and Drugs Act or a provision of the Cosmetic Regulations. Since the Hotlist is a tool that works within the scope of the Food and Drugs Act, it is limited to addressing substances with human health effects versus risks to the environment. To date, 26 substances have been added to the Hotlist as a result of the CMP process.

For further information on Health Canada’s requirements related to cosmetics, please contact cosmetics@hc-sc.gc.ca.

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Stakeholder Engagement News

Stakeholders are involved in the various program activities under the CMP through information sessions such as webinars, workshops and meetings, in addition to a suite of targeted sessions and activities organized by some of our partner organizations. These activities offer opportunities for industry, non-governmental organizations, Aboriginal groups and others to provide feedback and input to the government on the implementation of the CMP.

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CMP and First Nations

In February, the Assembly of First Nations hosted the first face-to-face meeting between Environment Canada and Health Canada staff and First Nations on the CMP. The purpose of the meeting was to provide an overview of the CMP and to increase First Nations’ awareness on how to get involved in the program. It also provided an opportunity for government personnel to hear first-hand and to better understand First Nations perspectives on the CMP. The second day of the meeting was focused on the National Pollutants Release Inventory and the Air Quality Management System. Representatives from First Nations communities across the country, including members from the North, attended the meeting.

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International Chemicals Management Activities

Canada’s overarching objective when engaging internationally on chemicals is to focus on partnerships and activities that help us deliver on our domestic mandate to protect the health of Canadians and the environment. Canada benefits from continued cooperation with international partners and organizations to share expertise, knowledge and information that helps us to meet our goal of addressing the remaining priority substances by 2020. To meet its objectives, Canada participates in a number of bilateral and multilateral forums with international partners.

Minamata Convention on Mercury

Canada is a signatory to the Minamata Convention on Mercury. In March 2015, the third meeting of the Convention’s technical expert group took place in Pretoria, South Africa. The technical group, which includes a Canadian expert, met to finalize the first draft of a guidance document on best available techniques and best environmental practices for mercury emissions from new industrial sources listed in the treaty. For further information, visit the website of the Minamata Convention on Mercury.

Conferences of the Parties to the Basel, Rotterdam and Stockholm Conventions

The meetings of the Conferences of the Parties to the Basel, Rotterdam and Stockholm Conventions were held in Geneva May 4-15, 2015. Parties discussed issues related to the listing of chemicals and pesticides, guidelines for environmentally sound management of wastes, compliance, technical assistance and financial resources. For information including outcomes and decisions taken, see the Meetings of the conferences of the Parties to the Basel, Rotterdam and Stockholm Conventions webpage.

Strategic priorities for the Commission for Environmental Cooperation

Climate change adaptation and mitigation, green growth, and sustainable communities and ecosystems are the 2015-20 priorities of the North American Commission for Environmental Cooperation. Canada, the U.S. and Mexico will work together on projects aligned with these priorities, including a potential project on the migration of chemicals from products. Under the 2010-15 strategic plan, a project on flame retardants in manufactured items was undertaken. Phase 1, involving a supply chain analysis, has been completed. Phase 2 focuses on testing home office chairs and upholstered furniture for a set of 16 flame retardants, some of which are being reviewed under Canada’s Chemicals Management Plan. See the Commission for Environmental Cooperation’s website for additional details.

Strategic Approach to International Chemicals Management

Canada participated in the second session of the Strategic Approach to International Chemicals Management’s Open-Ended Working Group, in Geneva from December 15 to 17, 2014. The main purpose of the meeting was to prepare for the fourth session of the International Conference on Chemicals Management in September 2015. Major topics to be discussed in September include the overall orientation and guidance towards the 2020 goal, as well as preliminary discussions on the path forward after 2020, a proposal for a voluntary program to share information on chemicals in products, the addition of “environmentally persistent pharmaceutical pollutants” as an emerging policy issue, and an increased focus on pesticides. Further information on the Strategic Approach, including meeting reports, can be found on the Strategic Approach to International Chemicals Management website.

Regulatory Cooperation Council update

The final work plan for activities under the Canada-U.S. Regulatory Cooperation Council Chemicals Management collaboration was published in May 2015. This work plan has two separate initiatives, which focus on regulatory reporting requirements for new uses of chemicals (Significant New Activity provisions in Canada and Significant New Use Rules in the U.S.) and chemical risk assessment. Two multi-stakeholder technical working groups have been launched to contribute to work plan outcomes and recommendations. In addition to regular working group meetings, future activities will include two roundtable exercises, to be held in Washington and Toronto in September, where potential solutions to the challenge of communication on chemicals throughout the supply chain (as it relates to Significant New Activity provisions) will be discussed. As part of the risk assessment initiative, a list of common forward-assessment priorities for the two countries has been developed. A subset of that list will be used as case studies to inform working group discussions and develop an assessment collaboration framework.

A Regulatory Cooperation Council Regulatory Partnership statement was posted in May outlining a process by which Environment Canada and the U.S. Environmental Protection Agency will engage with each other and stakeholders each year to discuss potential work plans that investigate opportunities for alignment in regulatory areas. For information, contact rcc-ccr_substances@ec.gc.ca.

Organisation for Economic Co-operation and Development

The work on chemicals within the Organisation for Economic Co-operation and Development’s Environment, Health and Safety Programme supports the CMP in many areas. This year, Environment Canada and Health Canada have hosted one working-party meetings.

• April 15-16, 2015 - Meeting of the Steering Group for the Development of a Global Portal to Information on Chemical Substances (eChemPortal) in Ottawa. The eChemPortal is a source of worldwide information about chemicals provided free and publicly by government authorities and international organizations and hosted by the Organisation.

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Opportunities for Public Comment

From December 2014 to May 2015, the government published seven draft screening assessment reports for public comment. It also published one risk management scope document for 50 substances proposed to be harmful to the environment and/or health.

The following documents are now out for consultation:

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Publications on the Horizon

Draft screening assessments and risk management scopes (when needed) for:

• Bacillus cereus ATCC 14579 and Bacillus subtilis 11685-3
• Organic flame retardants
• Phthalates State of the Science reports and Proposed Cumulative Risk Assessment Approach document
• Selenium-containing substances

Final screening assessments and risk management approaches (when needed) for:

• Aspergillus awamori ATCC 22342 (=A. niger ATCC 22342)
• Aspergillus brasiliensis ATCC 9642
• Azo Basic Dyes and Aromatic Amines
• Azo Disperse Dyes
• Domestic Substances List Bacillus licheniformis/subtilis Group (11 strains)
• Enterobacter aerogenes ATCC 13048
• Escherichia hermannii ATCC 700368
• Internationally Classified Substances

Information-gathering initiatives:

• Mandatory notice on the import and formulation activities for a subset of the remaining priority petroleum substances
• Mandatory notice on the import and manufacture of nanomaterials
• Mandatory notice on the import, manufacture and formulation activities for a subset of polymers included in the Polymer Approach

Consultation document for:

• Significant New Activity Notices and Orders Review – Consultation Document

Risk management instruments for:

• Regulations Repealing the Vinyl Chloride Release Regulations, 1992